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LIBRARY 


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17&0J3 


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CONSTITUTION 


OR 

FRAME  OF  GOVERNMENT 

AGREED  UPON  BY  THE 

DELEGATES  OF  THE  PEOPLE 


STATE 

OF  THE 

OF  MASSACHUSETTS  BAY 

IN  CONVENTION, 

BEGUN  AND  HELD  AT  CAMBRIDGE,  ON  THE  FIRST  OF  SEPTEMBER  1779,  AND 
CONTINUED  BY  ADJOURNMENTS  TO  THE  SECOND  OF  MARCH,  1780. 

WITH 

- THE  AMENDMENTS  ANNEXED. 

DUTTON  AND  WENTWORTH,  STATE  PRINTERS. 


1833. 


Gre-neml  lT\'£.o  Hu-sto-n  E.oo 


M '3'? 

\1Z0J3 


CONSTITUTION 


OR 


FRAME  OF  GOVERNMENT. 


PREAMBLE. 

The  end  of  the  institution,  maintenance  and  adminis- 
tration of  government,  is  to  secure  the  existence  of  the 
bodj-politic  ; to  protect  it ; and  to  furnish  the  individuals 
who  compose  it,  with  the  power  of  enjoying,  in  safety 
and  tranquillity,  their  natural  rights,  and  the  blessings  of 
life  ; And  whenever  these  great  objects  are  not  obtained, 
the  people  have  a right  to  alter  the  government,  and  to 
take  measures  necessary  for  their  safety,  prosperity  and 
happiness. 

The  body-politic  is  formed  by  a voluntary  association 
of  individuals  : It  is  a social  compact,  by  which  the 
whole  people  covenants  with  each  citizen,  and  each  citi- 
zen with  the  whole  people,  that  all  shall  be  governed  by 

^4 


8 


certain  for  the  common  goodc  It  is  the  duty  of  the 
people,  therefore,  in  framing  a Constitution  of  Govern- 
ment, to  provide  for  an  equitable  mode  of  making  law^s, 
as  well  as  for  an  impartial  interpretation,  and  a faithful 
execution  of  them  ; that  every  man  may,  at  all  times, 
find  his  security  in  them. 

We,  therefore,  the  people  of  Massachusetts,  acknowl- 
edging, with  grateful  hearts,  the  goodness  of  the  Great 
Legislator  of  the  Universe,  in  affording  us,  in  the  course 
of  His  providence,  an  opportunity,  deliberately  and  peace- 
ably, without  fraud,  violence  or  surprise,  of  entering  into 
an  original,  explicit,  and  solemn  compact  with  each  other  ; 
and  of  forming  a new  Constitution  of  Civil  Government, 
for  ourselves  and  posterity ; and  devoutly  imploring  His 
direction  in  so  interesting  a design,  DO  agree  upon,  or- 
dain and  establish,  the  following  Declaration  of  Rights, 
and  Frame  of  Government,  as  the  CONSTITUTION  of 
the  COMMONWEALTH  of  MASSACHUSETTS. 


9 


PART  THE  FIRST. 


A Declaration  of  the  Rights  of  the  Inhabitants  of  the 
Commonwealth  of  Massachusetts. 

Art.  I. — All  men  are  born  free  and  equal,  and  have 
certain  natural,  essential,  and  unalienable  rights ; among 
which  may  be  reckoned  the  right  of  enjoying  and  defend- 
ing their  lives  and  liberties ; that  of  acquiring,  possessing, 
and  protecting  property ; in  fine,  that  of  seeking  and  ob- 
taining  their  safety  and  happiness.  ^ 

II.  — It  is  the  right  as  well  as  the  duty  of  all  men  in 
Society,  publicly,  and  at  stated  seasons,  to  w-orship  the 
SUPREME  BEING,  the  great  creator  and  preserver  of 
the  universe.  And  no  subject  shall  be  hurt,  molested,  or 
restrained,  in  his  person,  liberty,  or  estate,  for  worship- 
ping GOD  in  the  manner  and  season  most  agreeable  to 
the  dictates  of  his  own  conscience  ; or  for  his  religious 
profession  or  sentiments  ; provided  he  doth  not  disturb 
the  public  peace,  or  obstruct  others  in  their  religious 
worship. 

III.  — As  the  happiness  of  a people,  and  the  good  order 
and  preservation  of  a civil  government,  essentially  depend 
upon  piety,  religion  and  morality  ; and  as  these  cannot  be 

2s 


10 


generally  diffused  through  a community,  but  by  the  insti- 
tution of  the  public  worship  of  GOD,  and  of  public  in- 
structions in  piety,  religion  and  morality : Therefore,  to 
promote  their  happiness  and  to  secure  the  good  order  and 
preservation  of  their  government,  the  people  of  this  Com- 
monwealth have  a right  to  invest  their  legislature  with. 
power  to  authorize  and  require,  and  the  legislature  shall, 
from  time  to  time,  authorize  and  require,  the  several 
towns,  parishes,  precincts,  and  other  bodies-politic,  or  re- 
ligious societies,  to  make  suitable  provision,  at  their  own 
expense,  for  the  institution  of  the  public  worship  of  GOD, 
and  for  the  support  and  maintenance  of  public  protestant 
teachers  of  piety,  religion  and  morality,  in  all  cases 
w^here  such  provision  shall  not  be  made  voluntarily. 

And  the  people  of  this  Commonwealth  have  also  a 
right  to,  and  do,  invest  their  legislature  with  authority  to 
enjoin  upon  all  the  subjects  an  attendance  upon  the  in- 
structions of  the  public  teachers  aforesaid,  at  stated  times 
and  seasons,  if  there  be  any  on  whose  instructions  they 
can  conscientiously  and  conveniently  attend. 

Provided  notwithstanding,  that  the  several  towms, 
parishes,  precincts,  and  other  bodies-politic,  or  religious 
societies,  shall,  at  all  times,  have  the  exclusive  right  of 
electing  their  public  teachers,  and  of  contracting  with 
them  for  their  support  and  maintenance. 

And  all  monies  paid  by  the  subject  to  the  support  of 
public  worship,  and  of  the  public  teachers  aforesaid,  shall, 
if  he  require  it,  be  uniformly  applied  to  the  support  of  the 
public  teacher  or  teachers  of  his  own  religious  sect  or 
denomination,  provided  there  be  any  on  whose  instruc- 
tions he  attends  : otherwise  it  may  be  paid  towards  the 
support  of  the  teacher  or  teachers  of  the  parish  or  pre- 
cinct in  which  the  said  monies  are  raised. 


11 


And  every  denomination  of  Christians,  demeaning  them- 
selves peaceably,  and  as  good  subjects  of  the  Common- 
wealth, shall  be  equally  under  the  protection  of  the  law : 
And  no  subordination  of  any  one  sect  or  denomination  to 
another  shall  ever  be  established  by  law. 

IV.  — The  people  of  this  Commonwealth  have  the  sole 
and  exclusive  right  of  governing  themselves  as  a free, 
sovereign,  and  independent  state ; and  do,  and  forever 
hereafter  shall,  exercise  and  enjoy  every  power,  jurisdic- 
tion, and  right,  which  is  not,  or  may  not  hereafter,  be  by 
them  expressly  delegated  to  the  United  States  of  Ameri- 
ca, in  Congress  assembled. 

V.  — All  power  residing  originally  in  the  people,  and 
being  derived  from  them,  the  several  magistrates  and  offi- 
cers of  government,  vested  with  authority,  whether  legis- 
lative, executive,  or  judicial,  are  their  substitutes  and 
agents,  and  are  at  all  times  accountable  to  them. 

VI.  — No  man,  nor  corporation,  or  association  of  men, 
have  any  other  title  to  obtain  advantages,  or  particular  and 
exclusive  privileges,  distinct  from  those  of  the  commu- 
nity, than  what  arises  from  the  consideration  of  services 
rendered  to  the  public ; and  this  title  being  in  nature 
neither  hereditary,  nor  transmissible  to  children,  or  de- 
scendants, or  relations  by  blood,  the  idea  of  a man  born 
a magistrate,  lawgiver,  or  judge,  is  absurd  and  unnatural. 

VII.  — Government  is  instituted  for  the  common  good  ; 
for  the  protection,  safety,  prosperity  and  happiness  of  the 
people ; and  not  for  the  profit,  honor,  or  private  interest 
of  any  one  man,  family,  or  class  of  men  : Therefore  the 


12 


people  alone  have  an  incontestible,  unalienable,  and  inde- 
feasible right  to  institute  government;  and  to  reform, 
alter,  or  totally  change  the  same,  when  their  protection, 
safety,  prosperity  and  happiness  require  it. 

VIII.  — In  order  to  prevent  those,  who  are  vested  with 
authority,  from  becoming  oppressors,  the  people  have  a 
right,  at  such  periods  and  in  such  manner  as  they  shall 
establish  by  their  frame  of  government,  to  cause  their 
public  officers  to  return  to  private  life ; and  to  fill  up 
vacant  places  by  certain  and  regular  elections  and  ap- 
pointments. 

IX.  — All  elections  ought  to  be  free;  and  all  the  in- 
habitants of  this  Commonwealth,  having  such  qualifica- 
tions as  they  shall  establish  by  their  frame  of  government, 
have  an  equal  right  to  elect  officers,  and  to  be  elected,  for 
public  employments. 

X.  — Each  individual  of  the  society  has  a right  to  be 
protected  by  it  in  the  enjoyment  of  his  life,  liberty  and 
property,  according  to  standing  laws.  He  is  obliged, 
consequently,  to  contribute  his  share  to  the  expense  of 
this  protection ; to  give  his  personal  service,  or  an  equiv- 
alent, when  necessary  : But  no  part  of  the  property  of 
any  individual,  can,  with  justice,  be  taken  from  him,  or 
applied  to  public  uses  without  his  own  consent,  or  that 
of  the  representative  body  of  the  people : In  fine,  the 
people  of  this  Commonwealth  are  not  controlable  by  any 
other  laws,  than  those  to  which  their  constitutional  re- 
presentative body  have  given  their  consent.  And  when- 
ever the  public  exigencies  require,  that  the  property  of 


13 


any  individual  should  be  appropriated  to  public  uses,  he 
shall  receive  a reasonable  compensation  therefor. 

XI.  — Every  subject  of  the  Commonwealth  ought  to 
find  a certain  remedy,  by  having  recourse  to  the  laws,  for 
all  injuries  or  wrongs  which  he  may  receive  in  his  person, 
property,  or  character.  He  ought  to  obtain  right  and  jus- 
tice freely,  and  without  being  obliged  to  purchase  it ; com- 
pletely, and  without  any  denial ; promptly,  and  without 
delay  ; conformably  to  the  laws. 

XII.  — No  subject  shall  be  held  to  answer  for  any  crime 
or  offence,  until  the  same  is  fully  and  plainly,  substantially 
and  formally,  described  to  him ; or  be  compelled  to  ac- 
cuse, or  furnish  evidence  against  himself.  And  every 
subject  shall  have  a right  to  produce  all  proofs,  that  may 
be  favorable  to  him ; to  meet  the  witnesses  against  him 
face  to  face,  and  to  be  fully  heard  in  his  defence  by  him-  • 
self,  or  his  council,  at  his  election.  And  no  subject  shall 
be  arrested,  imprisoned,  despoiled,  or  deprived  of  his  pro- 
perty, immunities,  or  privileges,  put  out  of  the  protec- 
tion of  the  law,  exiled,  or  deprived  of  his  life,  liberty, 
or  estate ; but  by  the  judgment  of  his  peers,  or  the  law 
of  the  land. 

And  the  legislature  shall  not  make  any  law,  that  shall 
subject  any  person  to  a capital  or  infamous  punishment, 
excepting  for  the  government  of  the  army  and  navy,  with- 
out trial  by  jury. 

XIII.  — In  criminal  prosecutions,  the  verification  of  facts 
in  the  vicinity  where  they  happen,  is  one  of  the  greatest 
securities  of  the  life,  liberty,  and  property  of  the  citizen. 

XIV.  — Every  subject  has  a right  to  be  secure  from  all 


14 


unreasonable  searches,  and  seizures  of  his  person,  his 
houses,  his  papers,  and  all  his  possessions.  All  warrants, 
therefore,  are  contrary  to  this  right,  if  the  cause  or  foun- 
dation of  them  be  not  previously  supported  by  oath  or 
affirmation ; and  if  the  order  in  the  warrant  to  a civil 
officer,  to  make  search  in  suspected  places,  or  to  arrest 
one  or  more  suspected  persons,  or  to  seize  their  property, 
be  not  accompanied  with  a special  designation  of  the 
persons  or  objects  of  search,  arrest,  or  seizure  : and  no 
warrant  ought  to  be  issued  but  in  cases,  and  with  the 
formalities,  prescribed  by  the  laws. 

XV.  — In  all  controversies  concerning  property,  and  in 
all  suits  between  two  or  more  persons,  except  in  cases  in 
w'hich  it  has  heretofore  been  otherways  used  and  prac- 
tised, the  parties  have  a right  to  a trial  by  jury  ; and  this 
method  of  procedure  shall  be  held  sacred,  unless,  in 
causes  arising  on  the  high-seas,  and  such  as  relate  to 
mariners  wages,  the  legislature  shall  hereafter  find  it 
necessary  to  alter  it. 

XVI. — The  liberty  of  the  press  is  essential  to  the  se- 
curity of  freedom  in  a state  : it  ought  not,  therefore,  to  be 
restrained  in  this  Commonwealth. 

XVII.  — The  people  have  a right  to  keep  and  to  bear 
arms  for  the  common  defence.  And  as  in  time  of  peace 
armies  are  dangerous  to  liberty,  they  ought  not  to  be 
maintained  without  the  consent  of  the  legislature ; and 
the  military  power  shall  always  be  held  in  an  exact 
subordination  to  the  civil  authority,  and  be  governed 
by  it. 


XVIII. — A Frequent  recurrence  to  the  fundamental 


15 


principles  of  the  constitution,  and  a constant  adiierence 
to  those  of  piety,  justice,  moderation,  temperance,  indus- 
try, and  frugality,  are  absolutely  necessary  to  preserve 
the  advantages  of  liberty,  and  to  maintain  a free  govern- 
ment: The  people  ought,  consequently,  to  have  a par- 
ticular attention  to  all  those  principles,  in  the  choice  of 
their  officers  and  representatives : And  they  have  a right 
to  require  of  their  law-givers  and  magistrates,  an  exact 
and  constant  observance  of  them,  in  the  formation  and 
execution  of  the  laws  necessary  for  the  good  administra- 
tion of  the  Commonwealth. 

XIX.  — The  people  have  a right,  in  an  orderly  and 
peaceable  manner,  to  assemble  to  consult  upon  the  com- 
mon good  ; give  instructions  to  their  representatives ; and 
to  request  of  the  legislative  body,  by  the  way  of  address- 
es, petitions,  or  remonstrances,  redress  of  the  wrongs 
done  them,  and  of  the  grievances  they  suffer. 

XX. — The  power  of  suspending  the  laws,  or  the  exe- 
cution of  the  laws,  ought  never  to  be  exercised  but  by 
the  legislature,  or  by  authority  derived  from  it,  to  be  ex- 
ercised in  such  particular  cases  onjy  as  the  legislature 
shall  expressly  provide  for. 

XXI.  — The  freedom  of  deliberation,  speech  and  de- 
bate, in  either  house  of  the  legislature,  is  so  essential  to 
the  rights  of  the  people,  that  it  cannot  be  the  foundation 
of  any  accusation  or  prosecution,  action  or  complaint,  in 
any  other  court  or  place  whatsoever. 

XXII.  — The  legislature  ought  frequently  to  assemble 
for  the  redress  of  grievances,  for  correcting,  strengthen- 


16 


ing,  and  confirming  the  laws,  and  for  making  new  laws, 
as  the  common  good  may  require* 

XXIII. — No  subsidy,  charge,  tax,  impost,  or  duties, 
ought  to  be  established,  fixed,  laid,  or  levied,  under  any 
pretext  whatsoever,  without  the  consent  of  the  people,  or 
their  representatives  in  the  legislature. 

XXIV.  — Laws  made  to  punish  for  actions  done  before 
the  existence  of  such  laws,  and  which  have  not  been  de- 
clared crimes  by  preceding  laws,  are  unjust,  oppressive, 
and  inconsistent  with  the  fundamental  principles  of  a free 
government. 

XXV.  — No  subject  ought,  in  any  case,  or  in  any  time, 
to  be  declared  guilty  of  treason  or  felony  by  the  legisla- 
ture. 

XXVI.  — No  magistrate  or  court  of  law  shall  demand 
excessive  bail  or  sureties,  impose  excessive  fines,  or  in- 
flict cruel  or  unusual  punishments. 

XXVII. — In  time  of  peace  no  soldier  ought  to  be  quar- 
tered in  any  house  without  the  consent  of  the  owner ; 
and  in  time  of  war  such  quarters  ought  not  to  be  made 
but  by  the  civil  magistrate,  in  a manner  ordained  by  the 
legislature. 

'^I^JLyilL- — Nq|J)^t^^on  can  in  any  case  be  subjected  to 
lawriiiarti^l,  o^to  any  penalties  or  pains,  by  virtue  of  that 
law,  except 4hose^ej[nployed  in  the  army  or  navy,  and  ex- 
cept the  militia'^  service,  but  by  authority  of  the 

legislature. 


17 


XXIX.  — It  is  essential  to  the  preservation  of  the  rights 
of  every  individual,  his  life,  liberty,  property  and  charac- 
ter, that  there  be  an  impartial  interpretation  of  the  laws, 
and  administration  of  justice.  It  is  the  right  of  every  citi- 
zen to  be  tried  by  judges  as  free,  impartial  and  independ- 
ent as  the  lot  of  humanity  will  admit.  It  is  therefore  not 
only  the  best  policy,  but  for  the  security  of  the  rights  of 
the  people,  and  of  every  citizen,  that  the  judges  of  the 
supreme  judicial  court  should  hold  their  offices  as  long  as 
they  behave  themselves  well ; and  that  they  should  have 
honorable  salaries  ascertained  and  established  by  standing 
laws. 

XXX.  — In  the  government  of  this  Commonwealth,  the 
legislative  department  shall  never  exercise  the  executive 
and  judicial  powers,  or  either  of  them : The  executive 
shall  never  exercise  the  legislative  and  judicial  powders, 
or  either  of  them : The  judicial  shall  never  exercise  the 
legislative  and  executive  powers,  or  either  of  them : to 
the  end  it  may  be  a government  of  laws  and  not  of  men. 


3s 


18 


PART  THE  SECOND. 


The  Frame  of  Government, 

The  people,  inhabiting  the  territory  formerly  called  the 
Province  of  Massachusetts-Bay,  do  hereby  solemnly  and 
mutually  agree  with  each  other,  to  form  themselves  into 
a free,  sovereign,  and  independent  body-politic  or  state, 
by  the  name  of  THE  COMMONWEALTH  OF  MAS- 
SACHUSETTS. 


CHAPTER  I. 

The  Legislative  Power. 

SECTION  I. 

The  General  Court, 

Art.  I. — The  department  of  legislation  shall  be  formed 
by  two  branches,  a Senate  and  House  of  Representatives : 
each  of  which  shall  have  a negative  on  the  other. 

The  legislative  body  shall  assemble  every  year,  on  the 
last  Wednesday  in  May,  and  at  such  other  times  as  they 
shall  judge  necessary ; and  shall  dissolve  and  be  dissolved 
on  the  day  next  preceding  the  said  last  Wednesday  in 


19 


May ; and  shall  be  styled,  The  General  Court  of  Mas- 
sachusetts, 

II. — No  bill  or  resolve  of  the  Senate  or  House  of  Re- 
presentatives shall  become  a law,  and  have  force  as  such, 
until  it  shall  have  been  laid  before  the  Governor  for  his 
revisal : And  if  he,  upon  such  revision,  approve  thereof, 
he  shall  signify  his  approbation  by  signing  the  same.  But 
if  he  have  any  objection  to  the  passing  of  such  bill  or  re- 
solve, he  shall  return  the  same,  together  with  his  objec- 
tions thereto,  in  writing,  to  the  Senate  or  House  of  Re- 
presentatives, in  which  soever  the  same  shall  have  origin- 
ated ; who  shall  enter  the  objections  sent  down  by  the 
Governor,  at  large,  on  their  records,  and  proceed  to  re- 
consider the  said  bill  or  resolve  : But  if,  after  such  recon- 
sideration, two  thirds  of  the  said  Senate  or  House  of  Re- 
presentatives, shall,  notwithstanding  the  said  objections, 
agree  to  pass  the  same,  it  shall,  together  with  the  objec- 
tions, be  sent  to  the  other  branch  of  the  legislature,  where 
it  shall  also  be  reconsidered,  and  if  approved  by  two  thirds 
of  the  members  present,  shall  have  the  force  of  a law:  But 
in  all  such  cases  the  votes  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays ; and  the  names  of  the  persons 
voting  for,  or  against,  the  said  bill  or  resolve,  shall  be 
entered  upon  the  public  records  of  the  Commonwealth. 

And  in  order  to  prevent  unnecessary  delays,  if  any  bill 
or  resolve  shall  not  be  returned  by  the  Governor  within 
five  days  after  it  shall  have  been  presented,  the  same 
shall  have  the  force  of  a law. 

HI. — The  General  Court  shall  forever  have  full  power 
and  authority  to  erect  and  constitute  judicatories  and 
courts  of  record,  or  other  courts,  to  be  held  in  the  name 


20 


of  the  Commonwealth,  for  the  hearing,  trying,  and  deter- 
mining of  all  manner  of  crimes,  offences,  pleas,  processes, 
plaints,  actions,  matters,  causes  and  things,  whatsoever, 
arising  or  happening  within  the  Commonwealth,  or  be- 
tween or  concerning  persons  inhabiting,  or  residing,  or 
brought  within  the  same ; whether  the  same  be  criminal 
or  civil,  or  whether  the  said  crimes  be  capital  or  not  capi- 
tal, and  whether  the  said  pleas  be  real,  personal,  or  mixt ; 
and  for  the  awarding  and  making  out  of  execution  there- 
upon : To  which  courts  and  judicatories  are  hereby  given 
and  granted  full  power  and  authority,  from  time  to  time, 
to  administer  oaths  or  affirmations,  for  the  better  discove- 
ry of  truth  in  any  matter  in  controversy  or  depending  be- 
fore them. 

IV. — And  further,  full  power  and  authority  are  hereby 
given  and  granted  to  the  said  General  Court,  from  time 
to  time,  to  make,  ordain,  and  establish,  all  manner  of 
wholesome  and  reasonable  orders,  laws,  statutes,  and  or- 
dinances, directions  and  instructions,  either  with  penalties 
or  without ; so  as  the  same  be  not  repugnant  or  contrary 
to  this  Constitution,  as  they  shall  judge  to  be  for  the  good 
and  welfare  of  this  Commonwealth,  and  for  the  govern- 
ment and  ordering  thereof,  and  of  the  subjects  of  the 
same,  and  for  the  necessary  support  and  defence  of  the 
government  thereof ; and  to  name  and  settle  annually,  or 
provide  by  fixed  laws,  for  the  naming  and  settling  all  civil 
officers  within  the  said  Commonwealth,  the  election  and 
constitution  of  whom  are  not  hereafter  in  this  Form  of 
Government  otherwise  provided  for ; and  to  set  forth  the 
several  duties,  powers  and  limits,  of  the  several  civil  and 
military  officers  of  this  Commonwealth,  and  the  forms  of 
such  oaths  or  affirmations  as  shall  be  respectively  admin- 


21 


istered  unto  them  for  the  execution  of  their  several  offices 
and  places,  so  as  the  same  be  not  rejiugnant  or  contrary 
to  this  Constitution ; and  to  impose  and  levy  proportional 
and  reasonable  assessments,  rates,  and  taxes,  upon  all  the 
inhabitants  of,  and  persons  resident,  and  estates  lying, 
within  the  said  Commonwealth;  and  also  to  impose,  and 
levy  reasonable  duties  and  excises,  upon  any  produce, 
goods,  wares,  merchandize,  and  commodities  whatsoever, 
brought  into,  produced,  manufactured,  or  being  within  the 
same  ; to  be  issued  and  disposed  of  by  warrant,  under  the 
hand  of  the  Governor  of  this  Commonwealth  for  the  time 
being,  with  the  advice  and  consent  of  the  Council,  for  the 
public  service,  in  the  necessary  defence  and  support  of  the 
government  of  the  said  Commonwealth,  and  the  protec- 
tion and  preservation  of  the  subjects  thereof,  according  to 
such  acts  as  are  or  shall  be  in  force  within  the  same. 

And  while  the  public  charges  of  government,  or  any 
part  thereof,  shall  be  assessed  on  poles  and  estates,  in  the 
manner  that  has  hitherto  been  practised,  in  order  that 
such  assessments  may  be  made  with  equality,  there  shall 
be  a valuation  of  estates  within  the  Commonwealth  taken 
anew  once  in  every  ten  years  at  least,  and  as  much  oftener 
as  the  General  Court  shall  order. 


22 


CHAPTER  I. 

SECTION  II. 

Senate. 

Art.  I. — There  shall  be  annually  elected  by  the  free- 
holders and  other  inhabitants  of  this  Commonwealth, 
qualified  as  in  this  Constitution  is  provided,  forty  persons 
to  be  Counsellors  and  Senators  for  the  year  ensuing  their 
election  ; to  be  chosen  by  the  inhabitants  of  the  districts, 
into  which  the  Commonwealth  may  from  time  to  time  be 
divided  by  the  General  Court  for  that  purpose  : And  the 
General  Court,  in  assigning  the  numbers  to  be  elected  by 
the  respective  districts,  shall  govern  themselves  by  the 
proportion  of  the  public  taxes  paid  by  the  said  districts ; 
and  timely  made  known  to  the  inhabitants  of  the  Com- 
monwealth, the  limits  of  each  district,  and  the  number  of 
Counsellors  and  Senators  to  be  chosen  therein ; provided, 
that  the  number  of  such  districts  shall  never  be  less  than 
thirteen ; and  that  no  district  be  so  large  as  to  entitle  the 
same  to  choose  more  than  six  Senators. 

And  the  several  counties  in  this  Commonwealth  shall, 
until  the  General  Court  shall  determine  it  necessary  to 
alter  the  said  districts,  be  districts  for  the  choice  of  Coun- 
sellors and  Senators,  (except  that  the  counties  of  Dukes 
County  and  Nantucket  shall  form  one  district  for  that 
purpose)  and  shall  elect  the  following  number  for  Coun- 
sellors and  Senators,  viz : 


Suffolk 

Six 

York 

Two 

Essex 

Six 

Dukes  County  ) 

One 

Middlesex 

Five 

and  Nantucket  i 

23 


Hampshire  Four  Worcester 

Plymouth  Three  Cumberland 

Barnstable  One  Lincoln 

Bristol  Three  Berkshire 


Five 

One 

One 

Two. 


II. — The  Senate  shall  be  the  first  branch  of  the  legis- 
lature ; and  the  Senators  shall  be  chosen  in  the  following 
manner,  viz  : There  shall  be  a meeting  on  the  first  Mon- 
day in  April  annually,  forever,  of  the  inhabitants  of  each 
town  in  the  several  counties  of  this  Commonwealth  ; to 
be  called  by  the  Selectmen,  and  warned  in  due  course  of 
law,  at  least  seven  days  before  the  first  Monday  in  April, 
for  the  purpose  of  electing  persons  to  be  Senators  and 
Counsellors  : And  at  such  meetings  every  male  inhabitant 
of  twenty-one  years  of  age  and  upwards,  having  a free- 
hold estate  within  the  Commonwealth,  of  the  annual  in- 
come of  three  pounds,  or  any  estate  of  the  value  of  sixty 
pounds,  shall  have  a right  to  give  in  his  vote  for  the  Sen- 
ators for  the  district  of  which  he  is  an  inhabitant.  And  to 
remove  all  doubts  concerning  the  meaning  of  the  word 
“inhabitant”  in  this  constitution,  every  person  shall  be 
considered  as  an  inhabitant,  for  the  purpose  of  electing 
and  being  elected  into  any  office,  or  place  within  this 
State,  in  that  town,  district,  or  plantation,  where  he  dwell- 
eth,  or  hath  his  home. 

The  Selectmen  of  the  several  towns  shall  preside  at 
such  meetings  impartially  ; and  shall  receive  the  votes  of 
all  the  inhabitants  of  such  towns  present  and  qualified  to 
vote  for  Senators,  and  shall  sort  and  count  them  in  open 
town  meeting,  and  in  presence  of  the  Town-Clerk,  who 
shall  make  a fair  record  in  presence  of  the  Selectmen,  and 
in  open  town  meeting,  of  the  name  of  every  person  voted 
for,  and  of  the  number  of  votes  against  his  name ; and  a 


24 


fair  copy  of  this  record  shall  be  attested  by  the  Selectmen 
and  the  Town-Clerk,  and  shall  be  sealed  up,  directed  to 
the  Secretary  of  the  Commonwealth  for  the  time  being, 
with  a superscription,  expressing  the  purport  of  the  con- 
tents thereof,  and  delivered  by  the  Town-Clerk  of  such 
towns,  to  the  Sheriff’  of  the  county  in  which  such  town 
lies,  thirty  days  at  least  before  the  last  Wednesday  in  May 
annually ; or  it  shall  be  delivered  into  the  Secretary’s  of- 
fice^seventeen  days  at  least  before  the  said  last  Wednes- 
day % May  ; and  the  Sheriff*  of  each  county  shall  deliver 
all  such  certificates  by  him  received,  into  the  Secretary’s 
office  seventeen  days  before  the  said  last  Wednesday  in 
May. 

And  the  inhabitants  of  plantations  unincorporated,  qua- 
lified as  this  Constitution  provides,  who  are  or  shall  be 
empowered  and  required  to  assess  taxes  upon  themselves 
toward  the  support  of  government,  shall  have  the  same 
privilege  of  voting  for  Counsellors  and  Senators,  in  the 
plantations  where  they  reside,  as  town  inhabitants  have 
in  their  respective  towns  ; and  the  plantation-meetings  for 
that  purpose  shall  be  held  annually  on  the  same  first  Mon- 
day in  April,  at  such  place  in  the  plantations  respectively, 
as  the  Assessors  thereof  shall  direct ; which  Assessors 
shall  have  like  authority  for  notifying  the  electors,  col- 
lecting and  returning  the  votes,  as  the  Selectmen  and 
Town-Clerks  have  in  their  several  towns,  by  this  Consti- 
tution. And  all  other  persons  living  in  places  unincorpo- 
rated (qualified  as  aforesaid)  who  shall  be  assessed  to  the 
support  of  government  by  the  Assessors  of  an  adjacent 
town,  shall  have  the  privilege  of  giving  in  their  votes  for 
Counsellors  and  Senators,  in  the  town  where  they  shall 
be  assessed,  and  be  notified  of  the  place  of  meeting  by  the 


25 


Selectmen  of  the  town  where  tlicj  shall  ho  assessed,  for 
that  purpose,  accordingly. 

III.  — And  that  there  may  be  a due  convention  of  Sen- 
ators on  the  last  Wednesday  in  May  annually,  the  Gover- 
nor, with  five  of  the  Council,  for  the  time  being,  shall,  as 
soon  as  may  be,  examine  the  returned  copies  of  such  rec- 
ords ; and  fourteen  days  before  the  said  day  he  shall  issue 
his  summons  to  such  persons  as  shall  appear  to  be  chosen 
by  a majority  of  voters,  to  attend  on  that  day,  and*  take 
their  seats  accordingly : Provided,  nevertheless,  that  for 
the  first  year,  the  said  returned  copies  ^hall  be  examined 
by  the  President  and  five  of  the  Council  of  the  former 
Constitution  of  Government ; and  the  said  President 
shall,  in  like  manner,  issue  his  summons  to  the  persons 
so  elected,  that  they  may  take  their  seats  as  aforesaid. 

IV.  — The  Senate  shall  be  the  final  judge  of  the  elec- 
tions, returns  and  qualifications  of  their  own  members,  as 
pointed  out  in  the  Constitution;  and  shall,  on  the  said  last 
Wednesday  in  May  annually,  determine  and  declare  who 
are  elected  by  each  district,  to  be  Senators,  by  a majority 
of  votes : And  in  case  there  shall  not  appear  to  be  the  full 
number  of  Senators  returned  elected  by  a majority  of  votes 
for  any  district,  the  deficiency  shall  be  supplied  in  the  fol- 
lowing manner,  viz.  The  members  of  the  blouse  of  Re- 
presentatives, and  such  Senators  as  shall  be  declared  elect- 
ed, shall  take  the  names  of  such  persons  as  shall  be  found 
to  have  the  highest  number  of  votes  in  such  district,  and 
not  elected,  amounting  to  twice  the  number  of  Senators 
wanting,  if  there  be  so  many  voted  for  ; and,  out  of  these, 
shall  elect  by  ballot  a number  of  Senators  sufficient  to  fill 
up  the  vacancies  in  such  district : And  in  this  manner  all 

4 s 


26 


such  vacancies  shall  be  filled  up  in  every  district  of  the 
Commonwealth  ; and  in  like  manner  all  vacancies  in  the 
Senate,  arising  by  death,  removal  out  of  the  State,  or 
otherwise,  shall  be  supplied  as  soon  as  may  be  after  such 
vacancies  shall  happen. 

V.  — Provided  nevertheless,  that  no  person  shall  be 
capable  of  being  elected  as  a Senator,  who  is  not  seized  in 
his  own  right  of  a freehold  within  this  Commonwealth,  of 
the  value  of  three  hundred  pounds  at  least,  or  possessed 
of  personal  estate  to  the  value  of  six  hundred  pounds  at 
least,  or  of  both  to  the  amount  of  the  same  sum,  and  who 
has  not  been  an  inhabitant  of  this  Commonwealth  for  the 
space  of  five  years  immediately  preceding  his  election,  and, 
at  the  time  of  his  election,  he  shall  be  an  inhabitant  in  the 
district,  for  which  he  shall  be  chosen. 

VI.  — The  Senate  shall  have  power  to  adjourn  them- 
selves, provided  such  adjournments  do  not  exceed  two 
days  at  a time. 

VII.  — The  Senate  shall  choose  its  own  President,  ap- 
point its  own  officers,  and  determine  its  own  rules  of  pro- 
ceeding. 

VIII.  — The  Senate  shall  be  a court  with  full  authority 
to  hear  and  determine  all  impeachments  made  by  the 
House  of  Representatives,  against  any  officer  or  officers 
of  the  Commonwealth,  for  misconduct  and  mal-adminis- 
tration  in  their  offices.  But,  previous  to  the  trial  of  every 
impeachment,  the  members  of  the  Senate  shall  respective- 
ly be  sworn,  truly  and  impartially  to  try  and  determine 
the  charge  in  question,  according  to  evidence.  Their 


27 


judgment,  however,  shall  not  extend  further  than  to  re- 
moval from  office  and  disqualification  to  hold  or  enjoy  any 
place  of  honor,  trust,  or  profit,  under  this  Commonwealth : 
But  the  party,  so  convicted,  shall  be,  nevertheless,  liable 
to  indictment,  trial,  judgment  and  punishment,  according 
to  the  laws  of  the  land. 

IX. — Not  less  than  sixteen  members  of  the  Senate  shall 
constitute  a quorum  for  doing  business. 


CHAPTER  I. 
SECTION  III. 


House  of  Representatives, 

Art.  I. — There  shall  be  in  the  Legislature  of  this 
Commonwealth,  a representation  of  the  people,  annually 
elected,  and  founded  upon  the  principle  of  equality. 

II. — And  in  order  to  provide  for  a representation  of  the 
citizens  of  this  Commonwealth,  founded  upon  the  princi- 
ple of  equality,  every  corporate  town,  containing  one 
hundred  and  fifty  rateable  polls,  may  elect  one  Represent- 
ative : Every  corporate  town,  containing  three  hundred 
and  seventy-five  rateable  polls,  may  elect  two  Represent- 
atives : Every  corporate  town,  containing  six  hundred 


28 


rateable  polls,  may  elect  three  Representatives ; and  pro- 
ceeding in  that  manner,  making  two  hundred  and  twenty- 
five  rateable  polls  the  mean  increasing  number  for  every 
additional  Representative. 

PnoviDED  nevertheless,  that  each  town  now  incorpo- 
rated, not  having  one  hundred  and  fifty  rateable  polls, 
may  elect  one  Representative  : but  no  place  shall  here- 
after be  incorporated  with  the  privilege  of  electing  a Re- 
presentative, unless  there  are  within  the  same  one  hun- 
dred and  fifty  rateable  polls. 

And  the  House  of  Representatives  shall  have  power, 
from  time  to  time,  to  impose  fines  upon  such  towns  as 
shall  neglect  to  choose  and  return  members  to  the  same, 
agreeably  to  this  Constitution. 

The  expenses  of  travelling  to  the  General  Assembly, 
and  returning  home,  once  in  every  session,  and  no  more, 
shall  be  paid  by  the  government,  out  of  the  public  treasu- 
ry, to  every  member  who  shall  attend  as  seasonably  as  he 
can  in  the  judgment  of  the  House,  and  does  not  depart 
without  leave. 

HI. — Every  member  of  the  House  of  Representatives 
shall  be  chosen  by  written  votes  ; and  for  one  year  at  least 
next  preceding  his  election  shall  have  been  an  inhabitant 
of,  and  have  been  seized  in  his  own  right  of  a freehold  of 
the  value  of  one  hundred  pounds  within  the  town  he  shall 
be  chosen  to  represent,  or  any  rateable  estate  to  the  value 
of  two  hundred  pounds  ; and  he  shall  cease  to  represent 
the  said  town  immediately  on  his  ceasing  to  be  qualified 
as  aforesaid. 

IV. — Every  male  person,  being  twenty-one  years  of 
age,  and  resident  in  any  particular  town  in  this  Common- 


29 


wealth  for  the  space  of  one  year  next  preceding,  having 
a freehold  estate  within  the  same  town,  of  the  annual  in- 
come of  three  pounds,  or  any  estate  of  the  value  of  sixty 
pounds,  shall  have  a right  to  vote  in  the  choice  of  a Re- 
presentative or  Representatives  for*  the  said  town. 

y._-TiiE  members  of  the  House  of  Representatives, 
shall  be  chosen  annually  in  the  month  of  May,  ten  days 
at  least  before  the  last  Wednesday  of  that  month. 

VI. — The  House  of  Representatives  shall  be  the  Grand 
Inquest  of  this  Commonwealth ; and  all  impeachments 
made  by  them  shall  be  heard  and  tried  by  the  Senate. 

Vn. — All  money-bills  shall  originate  in  the  House  of 
Representatives  ; but  the  Senate  may  propose  or  concur 
with  amendments,  as  on  other  bills. 

VII I.  — The  House  of  Representatives  shall  have  pow- 
er to  adjourn  themselves ; provided  such  adjournment  shall 
not  exceed  two  days  at  a time. 

IX.  — Not  less  than  sixty  members  of  the  House  of 
Representatives  shall  constitute  a quorum  for  doing  busi- 
ness. 

X.  — The  House  of  Representatives  shall  be  the  Judge 
of  the  returns,  elections,  and  qualifications  of  its  own 
members,  as  pointed  out  in  the  constitution  ; shall  choose 
their  own  Speaker ; appoint  their  own  officers,  and  settle 
the  rules  and  orders  of  proceeding  in  their  own  house : 
They  shall  have  authority  to  punish  by  imprisonment, 
every  person,  not  a member,  who  shall  be  guilty  of  dis- 


30 


respect  to  the  House,  by  any  disorderly,  or  contemptuous 
behaviour,  in  its  presence ; or  who,  in  the  town  where 
the  General  Court  is  sitting,  and  during  the  time  of  its 
sitting,  shall  threaten^ harm  to  the  body  or  estate  of  any 
of  its  members,  for  any  thing  said  or  done  in  the  House ; 
or  who  shall  assault  any  of  them  therefor ; or  who  shall 
assault,  or  arrest,  any  witness,  or  other  person,  ordered 
to  attend  the  House,  in  his  w^ay  in  going,  or  returning ; 
or  who  shall  rescue  any  person  arrested  by  the  order  of 
the  House. 

And  no  member  of  the  House  of  Representatives  shall 
be  arrested,  or  held  to  bail  on  mean  process,  during  his 
going  unto,  returning  from,  or  his  attending,  the  General 
Assembly. 

XI. — The  Senate  shall  have  the  same  powers  in  the 
like  cases  ; and  the  Governor  and  Council  shall  have  the 
same  authority  to  punish  in  like  cases.  Provided,  that  no 
imprisonment  on  the  warrant  or  order  of  the  Governor, 
Council,  Senate,  or  House  of  Representatives,  for  either 
of  the  above  described  offences,  be  for  a term  exceeding 
thirty  days. 

And  the  Senate  and  House  of  Representatives  may  try, 
and  determine,  all  cases  where  their  rights  and  privileges 
are  concerned,  and  which,  by  the  Constitution,  they  have 
authority  to  try  and  determine,  by  committees  of  their 
own  members,  or  in  such  other  way  as  they  may  respect- 
ively think  best. 


31 


CHAPTER  II. 

Executive  Power. 

SECTION  I. 

Governor. 

Art.  I. — There  shall  be  a Supreme  Executive  Ma- 
gistrate, who  shall  be  styled,  THE  GOVERNOR 
OF  THE  COMMONWEALTH  OF  MASSACHU- 
SETTS ; and  whose  title  shall  be — HIS  EXCELLEN- 
CY. 

II.  — The  Governor  shall  be  chosen  annually : And  no 
person  shall  be  eligible  to  this  office,  unless  at  the  time 
of  his  election,  he  shall  have  been  an  inhabitant  of  this 
Commonwealth  for  seven  years  next  preceding ; and  un- 
less he  shall,  at  the  same  time,  be  seized  in  his  own  right, 
of  a freehold  within  the  Commonwealth,  of  the  value  of 
one  thousand  pounds ; and  unless  he  shall  declare  him- 
self to  be  of  the  Christian  religion. 

III.  — Those  persons  who  shall  be  qualified  to  vote  for 
Senators  and  Representatives  within  the  several  towns 
of  this  Commonwealth,  shall,  at  a meeting,  to  be  called 
for  that  purpose,  on  the  first  Monday  of  April  annually, 

, give  in  their  votes  for  a Governor,  to  the  Selectmen,  who 
shall  preside  at  such  meetings ; and  the  Town-Clerk,  in 
the  presence  and  with  the  assistance  of  the  Selectmen, 


32 


shall,  in  open  town  meeting,  sort  and  count  the  votes,  and 
form  a list  of  the  persons  voted  for,  with  the  number  of 
votes  for  each  person  against  his  name  ; and  shall  make 
a fair  record  of  the  same  in  the  town  books,  and  a public 
declaration  thereof  in  the  said  meeting ; and  shall,  in  the 
presence  of  the  inhabitants,  seal  up  copies  of  the  said  list, 
attested  bj  him  and  the  Selectmen,  and  transmit  the  same 
to  the  Sheriff  of  the  countj,  thirty  days  at  least  before 
the  last  Wednesday  in  May ; and  the  Sheriff  shall  trans- 
mit the  same  to  the  Secretary’s  office  seventeen  days  at 
least  before  the  said  last  Wednesday  in  May ; or  the  Se- 
lectmen may  cause  returns  of  the  same  to  be  made  to  the 
office  of  the  Secretary  of  the  Commonwealth  seventeen 
days  at  least  before  the  said  day ; and  the  Secretary  shall 
lay  the  same  before  the  Senate  and  the  House  of  Repre- 
sentatives, on  the  last  Wednesday  in  May,  to  be  by' them 
examined  : And  in  case  of  an  election  by  a majority  of  all 
the  votes  returned,  the  choice  shall  be  by  them  declared 
and  published  : But  if  no  person  shall  have  a majority  of 
votes,  the  House  of  Representatives  shall,  by  ballot,  elect 
two  out  of  four  persons  who  had  the  highest  number  of 
votes,  if  so  many  shall  have  been  voted  for  ; but,  if  other- 
wise, out  of  the  number  voted  for;  and  make  return  to 
the  Senate  of  the  two  persons  so  elected  ; on  which,  the 
Senate  shall  proceed,  by  ballot,  to  elect  one,  who  shall  be 
declared  Governor. 

IV. — The  Governor  shall  have  authority,  from  time  to 
time,  at  his  discretion,  to  assemble  and  call  together  the 
Counsellor^  of  this  Commonwealth  for  the  time  being  ; 
and  the  Governor,  with  the  said  Counsellors,  or  five  of 
them  at  least,  shall,  and  may,  from  time  to  time,  hold  and 
keep  a Council,  for  the  ordering  and  directing  the  affairs 


S3 


of  the  Commonwealth,  agreeably  to  the  Constitution  and 
the  laws  of  the  land. 

V.  — The  Governor,  with  advice  of  Council,  shall  have 
full  power  and  authority,  during  the  session  of  the  Gene- 
ral Court,  to  adjourn  or  prorogue  the  same  to  any  time  the 
two  Houses  shall  desire ; and  to  dissolve  the  same  on  the 
day  next  preceding  the  last  Wednesday  in  May  ; and,  in 
the  recess  of  the  said  Court,  to  prorogue  the  same  from 
time  to  time,  not  exceeding  ninety  days  in  any  one  recess; 
and  to  call  it  together  sooner  than  the  time  to  which  it 
may  be  adjourned  or  prorogued,  if  the  welfare  of  the  Com- 
monwealth shall  require  the  same : And  in  case  of  any 
infectious  distemper  prevailing  in  the  place  where  the  said 
Court  is  next  at  any  time  to  convene,  or  any  other  cause 
happening  whereby  danger  may  arise  to  the  health  or  lives 
of  the  members  from  their  attendance,  he  may  direct  the 
session  to  be  held  at  some  other  the  most  convenient  place 
within  the  State. 

And  the  Governor  shall  dissolve  the  said  General  Court 
on  the  day  next  preceding  the  last  Wednesday  in  May. 

VI.  — In  cases  of  disagreement  between  the  tw6  Hous- 
es, with  regard  to  the  necessity,  expediency  or  time  of 
adjournment,  or  prorogation,  the  Governor,  with  advice 
of  the  Council,  shall  have  a right  to  adjourn  or  prorogue 
the  General  Court,  not  exceeding  ninety  days,  as  he  shall 
determine  the  public  good  shall  require. 

VII.  — The  Governor  of  this  Commonvyealth,  for  the 
time  being,  shall  be  the  commander-in-chief  of  the  army 
and  navy,  and  of  all  the  military  forces  of  the  State,  by 
sea  and  land  ; and  shall  have  full  power,  by  himself,  or  by 

5 s 


54 


any  commander,  or  other  officer  or  officers,  from  time  to 
time,  to  train,  instruct,  exercise  and  govern  the  militia  and 
navy ; and,  for  the  special  defence  and  safety  of  the  Com-^ 
monwealth,  to  assemble  in  martial  array,  and  put  in  war- 
like posture,  the  inhabitants  thereof,  and  to  lead  and  con- 
duct them,  and  with  them,  to  encounter,  repel,  resist,  expel 
and  pursue,  by  force  of  arms,  as  well  by  sea  as  by  land, 
within  or  without  the  limits  of  this  Commonwealth,  and 
also  to  kill,  slay  and  destroy,  if  necessary,  and  conquer, 
by  all  fitting  ways,  enterprizes  and  means  whatsoever,  all 
and  every  such  person  and  persons  as  shall,  at  any  time 
hereafter,  in  a hostile  manner,  attempt  or  enterprize  the 
destruction,  invasion,  detriment,  or  annoyance  of  this 
Commonwealth ; and  to  use  and  exercise,  over  the  army 
and  navy,  and  over  the  militia  in  actual  service,  the  law 
martial,  in  time  of  war  or  invasion,  and  also  in  time  of 
rebellion,  declared  by  the  legislature  to  exist,  as  occasion 
shall  necessarily  require ; and  to  take  and  surprise  by  all 
ways  and  means  whatsoever,  all  and  every  such  person 
or  persons,  with  their  ships,  arms,  ammunition  and  other 
goods,  as  shall,  in  a hostile  manner,  invade,  or  attempt 
the  invading,  conquering,  or  annoying  this  Common- 
wealth ; and  that  the  Governor  be  intrusted  with  all  these 
and  other  powers,  incident  to  the  offices  of  Captain-Gene- 
ral and  Commander-in  Chief,  and  Admiral,  to  be  exer- 
cised agreeably  to  the  rules  and  regulations  of  the  Con- 
stitution, and  the  law  s of  the  land,  and  not  otherwise. 

Provided,  that  the  said  Governor  shall  not,  at  any  time 
hereafter,  by  virtue  of  any  power  by  this  Constitution 
granted,  or  hereafter  to  be  granted  to  him  by  the  legisla- 
ture, transport  any  of  the  inhabitants  of  this  Common- 
wealth, or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the 


35 


consent  of  the  General  Court ; except  so  far  as  may  be 
necessary  to  march  or  transport  them  by  land  or  water, 
for  the  defence  of  such  part  of  the  State,  to  which  they 
cannot  otherwise  conveniently  have  access. 

VIII.  — The  power  of  pardoning  offences,  except  such 
as  persons  may  be  convicted  of  before  the  Senate  by  an 
impeachment  of  the  House,  shall  be  in  the  Governor,  by 
and  with  the  advice  of  Council : But  no  charter  of  par- 
don, granted  by  the  Governor,  with  advice  of  the  Coun- 
cil, before  conviction,  shall  avail  the  party  pleading  the 
same,  notwithstanding  any  general  or  particular  expres- 
sions contained  therein,  descriptive  of  the  offence,  or  of- 
fences intended  to  be  pardoned. 

IX.  — All  judicial  officers,  the  Attorney-General,  the 
Solicitor-General,  all  Sheriffs,  Coroners,  and  Registers  of 
Probate,  shall  be  nominated  and  appointed  by  the  Gover- 
nor, by  and  with  the  advice  and  consent  of  the  Council ; 
and  every  such  nomination  shall  be  made  by  the  Gover- 
nor, and  made  at  least  seven  days  prior  to  such  appoint- 
ment. 

X.  — The  Captains  and  subalterns  of  the  militia  shall 
be  elected  by  the  written  votes  of  the  train-band  and 
alarm  list  of  their  respective  companies,  of  twenty-one 
years  of  age  and  upwards : The  field-officers  of  Regi- 
ments shall  be  elected  by  the  written  votes  of  the  cap- 
tains and  subalterns  of  their  respective  regiments : The 
Brigadiers  shall  be  elected  in  like  manner,  by  the  field- 
officers  of  their  respective  brigades  : And  such  officers,  so 
elected,  shall  be  commissioned  by  the  Governor,  who  shall 
determine  their  rank. 


36 


The  Legislature  shall,  by  standing  laws,  direct  the 
time  and  manner  of  convening  the  electors,  and  of  coL 
lecting  votes,  and  of  certifying  to  the  Governor  the  offi- 
cers elected. 

The  Major-Generals  shall  be  appointed  by  the  Senate 
and  House  of  Representatives,  each  having  a negative 
upon  the  other ; and  be  commissioned  by  the  Governor. 

And  if  the  electors  of  Brigadiers,  field-officers,  captains 
or  subalterns,  shall  neglect  or  refuse  to  make  such  elec- 
tions, after  being  duly  notified,  according  to  the  laws  for 
the  time  being,  then  the  Governor,  with  advice  of  Coun- 
cil, shall  appoint  suitable  persons  to  fill  such  offices. 

And  no  officer,  duly  commissioned  to  command  in  the 
militia,  shall  he  removed  from  his  office,  but  by  the  ad- 
dress of  both  houses  to  the  Governor,  or  by  fair  trial  in 
court  martial,  pursuant  to  the  laws  of  the  Commonwealth 
for  the  time  being. 

The  commanding  officers  of  regiments  shall  appoint 
their  Adjutants  and  Quarter-masters ; the  Brigadiers  their 
Brigade-Majors ; and  the  Major-Generals  their  aids : and 
the  Governor  shall  appoint  the  Adjutant  General. 

The  Governor,  with  advice  of  Council,  shall  appoint 
all  officers  of  the  continental  army,  whom  by  the  confed- 
eration of  the  United  States  it  is  provided  that  this  Com- 
monwealth shall  appoint,— as  also  all  officers  of  forts  and 
garrisons. 

The  divisions  of  the  militia  into  brigades,  regiments 
and  companies,  made  in  pursuance  of  the  militia  laws  now 
in  force,  shall  be  considered  as  the  proper  divisions  of  the 
militia  of  this  Commonwealth,  until  the  same  shall  be 
altered  in  pursuance  of  some  future"  law. 

XI. — No  monies  shall  be  issued  out  of  the  treasury  of 


31 


this  Commonwealth,  and  disposed  of  (except  such  sums 
as  may  be  appropriated  for  the  redemption  of  oills  of 
credit  or  Treasurer’s  notes,  or  for  the  payment  of  imprest 
arising  thereon)  but  by  warrant  under  the  hand  of  the 
Governor  for  the  lime  being,  with  the  advice  and  consent 
of  the  Council,  for  the  necessary  defence  and  support  of 
the  Commonwealth  ; and  for  the  protection  and  preserva- 
tion of  the  inhabitants  thereof,  agreeably  to  the  acts  and 
resolves  of  the  General  Court. 

XII. — All  public  boards,  the  Commissary-General,  all 
superintending  officers  of  public  magazines  and  stores,  be- 
longing to  this  Commonwealth,  and  all  commanding  offi- 
cers of  forts  and  garrisons  within  the  same,  shall,  once  in 
every  three  months,  officially  and  without  requisition,  and 
at  other  times,  when  required  by  the  Governor,  deliver  to 
him  an  account  of  all  goods,  stores,  provisions,  ammuni- 
tion, cannon  with  their  appendages,  and  small  arms  with 
their  accoutrements,  and  of  all  other  public  property 
whatever  under  their  care  respectively ; distinguishing  the 
quantity,  number,  quality  and  kind  of  each,  as  particular- 
ly as  may  be;  together  with  the  condition  of  such  forts 
and  garrisons  : And  the  said  commanding  officer  shall 
exhibit  to  the  Governor,  when  required  by  him,  true  and 
exact  plans  of  such  forts,  and  of  the  land  and  sea,  or  har- 
bor or  harbors  adjacent. 

And  the  said  boards,  and  all  public  officers,  shall  com- 
municate to  the  Governor,  as  soon  as  may  be  after  re- 
ceiving the  same,  all  letters,  dispatches,  and  intelligences 
of  a public  nature,  which  shall  be  directed  to  them  re- 
spectively. 

XIII. — As  the  public  good  requires  that  the  Governor 


38 


should  ibt  be  under  the  undue  influence  of  any  of  the 
memyrs  of  the  General  Court,  by  a dependence  on  them 
for  ms  support — that  he  should,  in  all  cases,  act  with 
freedom  for  the  benefit  of  the  public — that  he  should  not 
have  his  attention  necessarily  diverted  from  that  object  to 
his  private  concerns — and  that  he  should  maintain  the 
dignity  of  the  Commonwealth  in  the  character  of  its  chief 
magistrate — it  is  necessary  that  he  should  have  an  honor- 
able stated  salary,  of  a fixed  and  permanent  value,  amply 
sufficient  for  those  purposes,  and  established  by  standing 
laws  : x\nd  it  shall  be  among  the  first  acts  of  the  General 
Court,  after  the  Commencement  of  this  Constitution,  to 
establish  such  salary  by  law^  accordingly. 

Permanent  and  honorable  salaries  shall  also  be  estab- 
lished by  law  for  the  Justices  of  the  Supreme  Judicial 
Court. 

And  if  it  shall  be  found,  that  any  of  the  salaries  afore- 
said so  established,  are  insufficient,  they  sha^l,  from  time 
to  time,  be  enlarged,  as  the  General  Court  shall  judge 
proper. 


39 


CHAPTER  II. 

SECTION  IT. 

Lieutenant- Governor. 

Art.  I. — There  shall  be  annually  elected  a Lieute- 
nant-Governor of  the  Commonwealth  of  Massachusetts, 
whose  title  shall  be  HIS  HONOR — and  who  shall  be 
qualified,  in  point  of  religion,  property,  and  residence  in 
the  Commonwealth,  in  the  same  manner  with  the  Gov- 
ernor : And  the  day  and  manner  of  his  election,  and  the 
qualifications  of  the  electors,  shall  be  the  same  as  are 
required  in  the  election  of  a Governor.  The  return  of 
the  votes  for  this  officer,  and  the  declaration  of  his  elec- 
tion, shall  be  in  the  same  manner : And  if  no  one  person 
shall  be  found  to  have  a majority  of  all  the  votes  return- 
ed, the  vacancy  shall  be  filled  by  the  Senate  and  House 
of  Representatives,  in  the  same  manner  as  the  Governor 
is  to  be  elected,  in  case  no  one  person  shall  have  a ma- 
jority of  the  votes  of  the  people  to  be  Governor. 

II. — The  Governor,  and  in  his  absence  the  Lieutenant- 
Governor,  shall  be  President  of  the  Council,  but  shall 
have  no  vote  in  Council:  And  the  Lieutenant-Governor 
shall  always  be  a member  of  the  Council,  except  when 
the  chair  of  the  Governor  shall  be  vacant. 

HI. — Whenever  the  chair  of  the  Governor  shall  be 
vacant,  by  reason  of  his  death,  or  absence  from  the  Com- 


40 


mon wealth,  or  otherwise,  the  Lieutenant-Governor,  for 
the  time  being,  shall,  during  such  vacancy,  perform  all 
the  duties  incumbent  upon  the  Governor,  and  shall  have 
and  exercise  all  the  powers  and  authorities,  which  by  this 
Constitution  the  Governor  is  vested  with,  when  person- 
ally present. 

9 


CHAPTER  II. 

SECTION  III. 

Council^  and  the  Manner  of  Settling  Elections  hy  the 
Legislature. 

Art.  I. — There  shall  be  a Council  for  advising  the 
Governor  in  the  executive  part  of  government,  to  consist 
of  nine  persons  besides  the  Lieutenant-Governor,  whom 
the  Governor,  for  the  time  being,  shall  have  full  power 
and  authority,  from  time  to  time,  at  his  discretion,  to 
assemble  and  call  together.  And  the  Governor,  with  the 
said  Counsellors,  or  five  of  them  at  least,  shall  and  may, 
from  time  to  time,  hold  and  keep  a council,  for  the  or- 
dering and  directing  the  affairs  of  the  Commonwealth, 
according  to  the  laws  of  the  land. 

II. — Nine  Counsellors  shall  be  annually  chosen  from 
among  the  persons  returned  for  Counsellors  and  Senators, 


41 


on  the  last  Wednesday  in  May,  by  the  joint  ballot  of  the 
Senators  and  Representatives  assembled  in  one  room  : 
And  in  case  there  shall  not  be  found,  upon  the  first 
choice,  the  whole  number  of  nine  persons  who  will  ac- 
cept a seat  in  the  Council,  the  deficiency  shall  be  made 
up  by  the  electors  aforesaid  from  among  the  people  at 
large  ; and  the  number  of  Senators  left  shall  constitute 
the  Senate  for  the  year.  The  seats  of  the  persons  thus 
elected  from  the  Senate,  and  accepting  the  trust,  shall 
be  vacated  in  the  Senate. 

III.  — Ti!e  Counsellors,  in  the  civil  arrangements  of 
the  Commonwealth,  shall  have  rank  next  after  the  Lieu- 
tenant-Governor. 

IV.  — Not  more  than  two  Counsellors  shall  be  chosen 
out  of  any  one  district  of  this  Commonwealth. 

V.  — The  resolutions  and  advice  of  the  Council  shall 
be  recorded  in  a register,  and  signed  by  the  members 
present ; and  this  record  may  be  called  for  at  any  time 
by  either  House  of  the  Legislature ; and  any  member  of 
the  Council  may  insert  his  opinion  contrary  to  the  reso- 
lution of  the  majority. 

VI.  — Whenever  the  office  of  the  Governor  and  Lieu- 
tenant Governor  shall  be  vacant,  by  reason  of  death, 
absence,  or  otherwise,  then  the  Council,  or  the  major 
part  of  them,  shall,  during  such  vacancy,  have  full 
power  and  authority,  to  do,  and  execute,  all  and  every 
such  acts,  matters  and  things,  as  the  Governor  or  the 
Lieutenant-Governor  might  or  could,  by  virtue  of  this 

6 s 


42 


Constitution,  do  or  execute,  if  they,  or  either  of  them, 
were  personally  present. 

VII. — And  whereas  the  elections  appointed  to  be 
made  by  this  Constitution,  on  the  last  Wednesday  in 
May  annually,  by  the  two  Houses  of  the  Legislature, 
may  not  be  completed  on  that  day,  the  said  elections 
may  be  adjourned  from  day  to  day  until  the  same  shall 
be  completed.  And  the  order  of  elections  shall  be  as 
follows  ; the  vacancies  in  tbe  Senate,  if  any,  shall  first 
be  filled  up;  the  Governor  and  Lieutenant-Governor 
shall  then  be  elected,  provided  there  should  be  no 
choice  of  them  by  the  people : And  afterwards  the  two 

Houses  shall  proceed  to  the  election  of  the  Council. 


CHAPTER  II. 


SECTION  IV. 


Secretary^  Treasurer^  Commissary, 

Art.  I. — The  Secretary,  Treasurer  and  Receiver- 
General,  and  the  Commissary-General,  Notaries-Pub- 
lic,  and  Naval-Officers,  shall  be  chosen  annually  by 
joint  ballot  of  the  Senators  and  Representatives  in 
one  room.  And  that  the  citizens  of  this  Common- 
wealth may  be  assured,  from  time  to  time,  that  the 


43 


monies  remaining  in  the  public  Treasury,  upon  the 
settlement  and  liquidation  of  the  public  accounts,  are 
their  property,  no  man  shall  be  eligible  as  Treasurer  and 
Receiver-General  more  than  five  years  successively. 

II. — The  records  of  the  Commonwealth  shall  be  kept 
in  the  office  of  the  Secretary,  who  may  appoint  his  De- 
puties, for  whose  conduct  he  shall  be  accountable,  and 
he  shall  attend  the  Governor  and  Council,  the  Senate 
and  House  of  Representatives,  in  person,  or  by  his  depu- 
ties, as  they  shall  respectively  require. 


CHAPTER  III. 


Judiciary  Power, 


Art.  I. — The  tenure  that  all  commission  officers  shall 
by  law  have  in  their  offices,  shall  be  expressed  in  their 
respective  commissions.  All  judicial  officers,  duly  ap- 
pointed, commissioned  and  sworn,  shall  hold  their  offi- 
ces during  good  behaviour,  excepting  such  concerning 
whom  there  is  different  provision  made  in  this  Constitu- 
tion : Provided,  nevertheless,  the  Governor,  with  con- 
sent of  the  Council,  may  remove  them  upon  the  address 
of  both  Houses  of  the  Legislature. 

II. — Each  branch  of  the  Legislature,  as  well  as  the 


44 


Governor  and  Council,  shall  have  authority  to  require 
the  opinions  of  the  Justices  of  th6  Supreme  Judicial 
Court,  upon  important  questions  of  law,  and  upon  sol- 
emn occasions. 

III. — In  order  that  the  people  may  not  suffer  from 
the  long  continuance  in  place  of  any  Justice  of  the 
Peace,  who  shall  fail  of  discharging  the  important  du- 
ties of  his  office  with  ability  or  fidelity,  all  commissions 
of  Justices  of  the,  Peace  shall  expire  and  become  void, 
in  the  term  of  seven  years  from  their  respective  dates  ; 
and,  upon  the  expiration  of  any  commission,  the  same 
may,  if  necessary,  be  renewed,  or  another  person  ap- 
pointed, as  shall  most  conduce  to  the  well  being  of  the 
Commonwealth, 

IV^‘ — The  Judges  of  Probate  of  Wills,  and  for  grant- 
ing letters  of  administration,  shall  hold  their  courts  at 
such  place  or  places,  on  fixed  days,  as  the  convenience 
of  the  people  shall  require.  And  the  Legislature  shall 
from  time  to  time,  hereafter  appoint  such  times  and 
places  ; until  which  appointments,  the  said  Courts  shall 
be  holden  at  the  times  and  places  which  the  respective 
Judges  shall  direct. 

V.— All  causes  of  marriage,  divorce  and  alimony, 
and  all  appeals  from  the  Judges  of  Probate,  shall  be 
heard  and  determined  by  the  Governor  and  Council 
until  the  Legislature  shall,  bylaw,  make  other  provision. 


45 


CHAPTER  IV. 

Delegates  to  Congress. 

The  delegates  of  this  Commonwealth  to  the  Congress 
of  the  United  States,  shall,  sometime  in  the  month  of 
June  annually,  be  elected  by  the  joint  ballot  of  the  Sen- 
ate and  House  of  Representatives,  assembled  together 
in  one  room  ; to  serve  in  Congress  for  one  year,  to  com- 
mence on  the  first  Monday  in  November  then  next  en- 
suing. They  shall  have  commissions  under  the  hand  of 
the  Governor,  and  the  great  seal  of  the  Commonwealth  ; 
but  may  be  recalled  at  any  time  within  the  year,  and 
others  chosen  and  commissioned,  in  the  same  manner, 
in  their  stead. 


CHAPTER  V. 

The  University  at  Cambridge.^  and  Encouragement  of 

Literature,  ^c. 

•' 

SECTION  I. 

The  University, 

Art.  I. — Whereas  our  wise  and  pious  ancestors,  so 
early  as  the  year  one  thousand  six  hundred  and  thirty 
six,  laid  the  foundation  of  Harvard-College,  in  which 


46 


University  many  persons  of  great  eminence  have,  by  the 
blessing  of  GOD,  been  initiated  in  those  arts  and  scien- 
ces, which  qualified  them  for  public  employments,  both 
in  Church  and  State  : And  whereas  the  encouragement 
of  Arts  and  Sciences,  and  all  good  literature,  tends  to 
the  honor  of  GOD,  the  advantage  of  the  Christian  reli- 
gion, and  the  great  benefit  of  this,  and  the  other  United 
States  of  America — It  is  declared.  That  the  PRESI- 
DENT AND  FELLOWS  OF  HARVARD-COLLEGE, 
in  their  corporate  capacity,  and  their  successors  in  that 
capacity,  their  officers  and  servants,  shall  have^  hold, 
use,  exercise  and  enjoy,  all  the  powers,  authorities, 
rights,  liberties,  privileges,  immunities  and  franchises, 
which  they  now  have,  or  are  entitled  to  have,  hold,  use, 
exercise  and  enjoy  : And  the  same  are  hereby  ratified 
and  confirmed  unto  them,  the  said  President  and  Fel- 
lows of  Harvard-College,  and  to  their  successors,  and 
to  their  officers  and  servants,  respectively,  forever. 

II. — And  whereas  there  have  been  at  sundry  times, 
by  divers  persons,  gifts,  grants,  devises  of  houses,  lands, 
tenements,  goods,  chattels,  legacies  and  conveyances, 
heretofore  made,  either  to  Harvard-College  in  Cam- 
bridge, in  New-England,  or  to  the  President  and  Fellows 
of  Harvard-College,  or  to  the  said  College,  by  some  other 
description,  under  several  charters  successively:  IT  IS 
DECLARED,  That  all  the  said  gifts,  grants,  devises, 
legacies  and  conveyances,  are  hereby  forever  confirmed 
unto  the  President  and  Fellows  of  Harvard-College,  and 
to  their  successors,  in  the  capacity  aforesaid,  according 
to  the  true  intent  and  meaning  of  the  donor  or  donors, 
grantor  or  grantors,  devisor  or  devisors. 


47 


HI. — And  whereas  by  an  act  of  the  General  Court 
of  the  Colony  of  Massachusetts-Bay,  passed  in  the  year 
one  thousand  six  hundred  and  forty-two,  the  Governor 
and  Deputy-Governor,  for  the  time  being,  and  all  the 
magistrates  of  that  jurisdiction,  were,  with  the  President, 
and  a number  of  the  clergy  in  the  said  act  described, 
constituted  the  Overseers  of  Harvard-College : And  it 
being  necessary,  in  this  new  constitution  of  Government, 
to  ascertain  who  shall  be  deemed  successors  to  the  said 
Governor,  Deputy-Governor  and  Magistrates  : IT  IS 
DECLARED,  That  the  Governor,  Lieutenant-Gov- 
ernor, Council  and  Senate  of  this  Commonwealth,  are, 
and  shall  be  deemed,  their  successors;  who,  with  the 
President  of  Harvard-College,  for  the  time  being,  to- 
gether with  the  ministers  of  the  congregational  churches 
in  the  towns  of  Cambridge,  Watertown,  Charlestown, 
Boston,  Roxbury,  and  Dorchester,  mentioned  in  the  said 
act,  shall  be,  and  hereby  are,  vested  with  all  the  powers 
and  authority  belonging,  or  in  any  way  appertaining  to 
the  Overseers  of  Harvard-College  ; provided,  that  no- 
thing herein  shall  be  construed  to  prevent  the  Legisla- 
ture of  this  Commonwealth  from  making  such  altera- 
tions in  the  government  of  the  said  university,  as  shall 
be  conducive  to  its  advantage,  and  the  interest  of  the 
republic  of  letters,  in  as  full  a manner  as  might  have 
been  done  by  the  Legislature  of  the  late  Province  of 
the  Massachusetts-Bay. 


48 


CHAPTER  V. 
SECTION  II. 


The  Encouragement  of  Literature^ 


Wisdom,  and  knowledge,  as  well  as  virtue,  diffused 
generally  among  the  body  of  the  people,  being  neces- 
sary for  the  preservation  of  their  rights  and  liberties ; 
and  as  these  depend  on  spreading  the  opportunities  and 
advantages  of  education  in  the  various  parts  of  the 
country,  and  among  the  different  orders  of  the  people, 
it  shall  be  the  duty  of  legislators  and  magistrates,  in  all 
future  periods  of  this  Commonwealth,  to  cherish  the  in- 
terests of  literature  and  the  sciences,  and  all  seminaries 
of  them ; especially  the  university  at  Cambridge,  public 
schools,  and  grammar  schools  in  the  towns  ; to  encour- 
age private  societies  and  public  institutions,  rewards 
and  immunities,  for^the  promotion  of  agriculture,  arts, 
sciences,  commerce,  trades,  manufactures,  and  a natural 
history  of  the  country ; to  countenance  and  inculcate 
the  principles  of  humanity  and  general  benevolence, 
public  and  private  charity,  industry  and  frugality,  hon- 
esty and  punctuality  in  their  dealings ; sincerity,  good 
humor,  and  all  social  affections,  and  generous  senti- 
ments among  the  people. 


49 


G II  AFTER  VI. 


Oaths  and  Subscriptions  ; Incompatibility  of  and  Exclu- 
sion from  Offices ; Pecuniary  Qualifications ; Commis- 
sions ; Writs ; Confirmation  of  Laws  ; Habeas  Cor- 
pus; The  Enacting  Style ; Continuance  of  Officers; 
Provision  for  a future  Revisal  of  the  Constitution,  ^c. 

Art.  I. — Any  person  chosen  Governor,  Lieutenant- 
Governor,  Counsellor,  Senator,  or  Representative,  and 
accepting  the  trust,  shall,  before  he  proceed  to  execute 
the  duties  of  his  place  or  office,  make  and  subscribe  the 
following  declaration,  viz. — 

“ I,  A.  B.  do  declare,  that  1 believe  the  Christian  re- 
ligion, and  have  a firm  persuasion  of  its  truth ; and  that 
I am  seized  and  possessed,  in  my  own  right,  of  the  prop- 
erty required  by  the  Constitution  as  one  qualification  for 
the  office  or  place  to  which  I am  elected.” 

And  the  Governor,  Lieutenant-Governor,  and  Coun- 
sellors, shall  make  and  subscribe  the  said  declaration, 
in  the  presence  of  the  two  Houses  of  Assembly ; and 
the  Senators  and  Representatives  first  elected  under  this 
Constitution,  before  the  President  and  five  of  the  Coun- 
cil of  the  former  Constitution,  and,  forever  afterwards, 
before  the  Governor  and  Council  for  the  time  being. 

And  every  person  chosen  to  either  of  the  places  or 
offices  aforesaid,  as  also  any  person  appointed  or  com- 
missioned to  any  judicial,  executive,  military,  or  other 
office  under  the  government,  shall,  before  he  enters  on 
the  discharge  of  the  business  of  his  place  or  office,  take 
7 s 


50 


and  subscribe  the  following  declaration,  and  oaths  or 
affirmations,  viz. — 

“I,  A.  B.  do  truly  and  sincerely  acknowledge,  pro- 
fess, testify  and  declare,  that  the  Commonwealth  of 
Massachusetts  is,  and  of  right  ought  to  be,  a free,  sove- 
reign and  independent  State  ; and  I do  swear,  that  I 
will  bear  true  faith  and  allegiance  to  the  said  Common- 
wealth, and  that  I will  defend  the  same  against  traitorous 
conspiracies  and  all  hostile  attempts  whatsoever : And 
that  I do  renounce  and  abjure  all  allegiance,  subjection 
and  obedience  to  the  King,  Queen  or  Government  of 
Great  Britain,  (as  the  case  may  be)  and  every  oth- 
er foreign  power  whatsoever  : And  that  no  foreign 
Prince,  Person,  Prelate,  State  or  Potentate,  hath, 
or  ought  to  have,  any  jurisdiction,  superiority,  pre- 
eminence, authority,  dispensing  or  other  power,  in  any 
matter,  civil,  ecclesiastical  or  spiritual,  within  this  Com- 
monwealth ; except  the  authority  and  power  which  is 
or  may  be  vested  by  their  Constituents  in  the  Congress 
of  the  United  States:  And  I do  further  testify  and  de- 
clare, that  no  man  or  body  of  men  hath  or  can  have 
any  right  to  absolve  or  discharge  me  from  the  obliga- 
tion of  this  oath,  declaration  or  affirmation ; and  that  I 
do  make  this  acknowledgment,  profession,  testimony^ 
declaration,  denial,  renunciation  and  abjuration,  heartily 
and  truly,  according  to  the  common  meaning  and  ac- 
ceptation of  the  foregoing  words,  without  any  equivoca- 
tion, mental  evasion,  or  secret  reservation  whatsoever. 
So  help  me  GOD.” 

“ I,  A.  B.  do  solemnly  swear  and  affirm,  that  I will 
faithfully  and  impartially  discharge  and  perform  all  the 
duties  incumbent  on  me  as  ; 

according  to  the  best  of  my  abilities  and  understanding, 
agreeably  to  the. rules  and  regulations  of  the  Constitu- 


51 


tion,  and  the  laws  of  this  Commonwealth.”  “ So  help 
me  GOD.” 

Provided  always,  that  when  any  person,  chosen  or 
appointed  as  aforesaid,  shall  be  of  the  denomination  of 
the  people  called  Quakers,  and  shall  decline  taking  the 
said  oaths,  he  shall  make  his  affirmation  in  the  forego- 
ing form,  and  subscribe  the  same,  omitting  the  words 
“ / do  swear, “ and  abjure, “ oath  orj^  ‘‘  and  abju- 
ration,'^^ in  the  first  oath  ; and  in  the  second  oath,  the 
words  swear  and  and  in  each  of  them  the  words 
“ So  help  me  GOD  ;”  subjoining  instead  thereof,  This 
1 do  under  the  pains  and  penalties  of  perjury. 

And  the  said  oaths  or  affirmations  shall  be  taken  and 
subscribed  by  the  Governor,  Lieutenant  Governor,  and 
Counsellors,  before  the  President  of  the  Senate,  in  the 
presence  of  the  two  Houses  of  Assembly ; and  by  the 
Senators  and  Representatives  first  elected  under  this 
Constitution,  before  the  President  and  five  of  the  Coun- 
cil of  the  former  Constitution  ; and  forever  afterwards 
before  the  Governor  and  Council  for  the  time  being  : 
And  by  the  residue  of  the  officers  aforesaid,  before  such 
persons  and  in  such  manner  as  from  time  to  time  shall 
be  prescribed  by  the  Legislature. 

II. — No  Governor,  Lieutenant  Governor,  or  Judge  of 
the  Supreme  Judicial  Court,  shall  hold  any  other  office 
or  place,  under  the  authority  of  this  Commonwealth, 
except  such  as  by  this  Constitution  they  are  admitted  to 
hold,  saving  that  the  Judges  of  the  said  Court  may  hold 
the  offices  of  Justices  of  the  Peace  through  the  State  ; 
nor  shall  they  hold  any  other  place  or  office,  or  receive 
any  pension  or  salary  from  any  other  State  or  Govern- 
ment or  Power  whatever. 


52 


No  person  shall  be  capable  of  holding  or  exercising 
at  the  same  time,  within  this  State,  more  than  one  of 
the  following  offices,  viz  : Judge  of  Probate — Sheriff — 
Register  of  Probate — or  Register  of  Deeds— and  never 
more  than  any  two  offices  which  are  to  be  held  by 
appointment  of  the  Governor,  or  the  Governor  and  Coun- 
cil, or  the  Senate,  or  the  House  of  Representatives,  or 
by  the  election  of  the  people  of  the  State  at  large,  or 
of  the  people  of  any  county,  military  offices,  and  the 
offices  of  Justices  of  the  Peace  excepted,  shall  be  held 
by  one  person. 

No  person  holding  the  office  of  Judge  of  the  Supreme 
Judicial  Court— Secretary — Attorney  General — Solici- 
tor General — Treasurer  or  Receiver  General — Judge 
of  Probate — Commissary  General — President,  Profes- 
sor, or  Instructor  of  Harvard  College — Sheriff — Clerk 
of  the  House  of  Representatives — Register  of  Probate 
— Register  of  Deeds— Clerk  of  the  Supreme  Judicial 
Court- — Clerk  of  the  Inferior  Court  of  Common  Pleas 
— or  Officer  of  the  Customs,  including  in  this  descrip- 
tion Naval  Officers — shall  at  the  same  time  have  a seat 
in  the  Senate  or  House  of  Representatives ; but 
their  being  chosen  or  appointed  to,  and  accepting 
the  same,  shall  operate  as  a resignation  of  their  seat  in 
the  Senate  or  House  of  Representatives  ; and  the  place 
so  vacated  shall  be  filled  up. 

And  the  same  rule  shall  take  place  in  case  any  judge 
of  the  said  Supreme  Judicial  Court,  or  Judge  of  Pro- 
bate, shall  accept  a seat  in  Council ; or  any  Counsellor 
shall  accept  of  either  of  those  offices  or  places. 

And  no  person  shall  ever  be  admitted  to  hold  a seat 
in  the  Legislature,  or  any  office  of  trust  or  importance 
under  the  Government  of  this  Commonwealth,  who 


53 


shall,  ih  the  due  course  of  law,  have  been  convicted  of 
bribery  or  corruption  in  obtaining  an  election  or  appoint- 
ment. 

III.  — In  all  cases  where  sums  of  money  are  mention- 
ed in  this  Constitution,  the  value  thereof  shall  be  com- 
puted in  silver  at  six  shillings  and  eight  pence  per  ounce  : 
And  it  shall  be  in  the  power  of  the  Legislature  from 
time  to  time  to  increase  such  qualifications,  as  to  prop- 
erty, of  the  persons  to  be  elected  to  offices,  as  the  cir- 
cumstances of  the  Commonwealth  shall  require. 

IV.  — All  commissions  shall  be  in  the  name  of  the 
Commonwealth  of  Massachusetts,  signed  by  the  Gov- 
ernor, and  attested  by  the  Secretary  or  his  Deputy,  and 
have  the  great  seal  of  the  Commonwealth  affixed 
thereto. 

V.  — All  writs,  issuing  out  of  the  clerk’s  office  in  any 
of  the  Courts  of  law,  shall  be  in  the  name  of  the  Com- 
monwealth of  Massachusetts  : They  shall  be  under  the 
seal  of  the  Court  from  whence  they  issue  : They  shall 
bear  test  of  the  first  Justice  of  the  Court  to  which  they 
shall  be  returnable,  who  is  not  a party,  and  be  signed 
by  the  clerk  of  such  court. 

VI.  — All  the  laws  which  have  heretofore  been  adopt- 
ed, used,  and  approved  in  the  Province,  Colony  or 
State  of  Massachusetts  Bay,  and  usually  practised  on  in 
the  Courts  of  law,  shall  still  remain  and  be  in  full  force, 
until  altered  or  repealed  by  the  Legislature  ; such  parts 
only  excepted  as  are  repugnant  to  the  rights  and  liber- 
ties contained  in  this  Constitution. 


54 


VIL— The  privilege  and  benefit  of  the  writ  of  habeas 
corpus  shall  be  enjoyed  in  this  Commonw^ealth  in  the 
most  free,  easy,  cheap,  expeditious  and  ample  manner ; 
and  slxall  not  be  suspended  by  the  Legislature,  except 
upon  the  most  urgent  and  pressing  occasions,  and  for  a 
limited  time  not  exceeding  twelve  months. 

VIII.  — The  enacting  style,  in  making  and  passing  all 
acts,  statutes  and  laws,  shall  be — “ Be  it  enacted  by  the 
Senate  and  House  of  Representatives,  in  General  Court 
assembled,  and  by  the  authority  of  the  same.” 

IX.  — To  the  end  there  nriay  be  no  failure  of  justice  or 
danger  arise  to  the  Commonwealth  from  a change  of 
the  Form  of  Government — all  officers,  civil  and  military 
holding  commissions  under  the  government  and  people 
of  Massachusetts  Bay  in  New-England,  and  all  other 
officers  of  the  said  government  and  people,  at  the  time 
this  Constitution  shall  take  effect,  shall  have,  hold,  use, 
exercise  and  enjoy  all  the  powers  and  authority  to  them 
granted  or  committed,  until  other  persons  shall  be  ap- 
pointed in  their  stead  : And  all  courts  of  law  shall  pro- 
ceed in  the  execution  of  the  business  of  their  respective 
departments  ; and  all  the  executive  and  legislative  offi- 
cers, bodies  and  powers  shall  continue  in  full  force,  in 
the  enjoyment  and  exercise  of  all  their  trusts,  employ- 
ments and  authority  ; until  the  General  Court  and  the 
supreme  and  executive  officers  under  this  Constitution 
are  designated  and  invested'with  their  respective  trusts, 
powers  and  authority. 

X.  — In  order  the  more  effectually  to  adhere  to  the 
principles  of  the  Constitution,  and  to  correct  those  vio- 


55 


lations  which  by  any  means  may  be  made  therein,  as 
well  as  to  form  such  alterations  as  from  experience  shall 
be  found  necessary — the  General  Court,  which  shall  be 
in  tlie  year  of  our  Lord  one  thousand  seven  hundred 
and  ninety-five,  shall  issue  precepts  to  the  Selectmen  of 
the  several  towns,  and  to  the  Assessors  of  the  unincor- 
porated plantations,  directing  them  to  convene  the  qua- 
lified voters  of  their  respective  towns  and  plantations 
for  the  purpose  of  collecting  their  sentiments  on  the  ne- 
cessity or  expediency  of  revising  the  Constitution,  in 
order  to  amendments. 

And  if  it  shall  appear  by  the  returns  made,  that  two 
thirds  of  the  qualified  voters  throughout  the  State,  who 
shall  assemble  and  vote  in  consequence  of  the  said  pre- 
cepts, are  in  favor  of  such  revision  or  amendment,  the 
General  Court  shall  issue  precepts,  or  direct  them  to  be 
issued  from  the  Secretary’s  office  to  the  several  towns, 
to  elect  Delegates  to  meet  in  Convention  for  the  pur- 
pose aforesaid. 

The  said  Delegates  to  be  chosen  in  the  same  manner 
and  proportion  as  their  Representatives  in  the  second 
branch  of  the  Legislature  are  by  this  Constitution  to  be 
chosen. 

XI. — This  form  of  government  shall  be  enrolled  on 
parchment,  and  deposited  in  the  Secretary’s  office,  and 
be  a part  of  the  laws  of  the  land — and  printed  copies 
thereof  shall  be  prefixed  to  the  book  containing  the  laws 
of  this  Commonwealth,  in  all  future  editions  of  the  said 
laws. 

JAMES  BOWDOIN,  President 


Attest,  SAMUEL  BARRETT,  Secretary, 


56 


ARTICLES  OF  AMENDMENT  OF  THE  CON- 
STITUTION, submitted  by  Delegates  in  Conven- 
tion  assembled^  November  15,  1820,  to  the  People; 
and  by  them  ratified  and  adopted  April  9,  1821,  cer- 
tified by  a Committee  of  the  Convention,  May  24, 
1821,  and  presented  to  the  General  Court,  May  30, 
1821. 


“Art.  1. — If  any  bill  or  resolve  shall  be  objected 
to,  and  not  approved  by  the  Governor ; and  if  the  Gen- 
eral Court  shall  adjourn  within  five  days  after  the  same 
shall  have  been  laid  before  the  Governor  for  his  appro- 
bation, and  thereby  prevent  his  returning  it,  with  his  ob- 
jections, as  provided  by  the  Constitution;  such  bill  or 
resolve  shall  not  become  a law,  nor  have  force  as  such. 

Art.  2. — The  General  Court  shall  have  full  power 
and  authority  to  erect  and  constitute  municipal  or  city 
governments  in  any  corporate  towm  or  towns  in  this 
Commonwealth,  and  to  grant  to  the  inhabitants  thereof 
such  powers,  privileges  and  immunities,  not  repugnant 
to  the  Constitution,  as  the  General  Court  shall  deem 
necessary  or  expedient  ^for  the  regulation  and  govern- 
ment thereof,  and  to  prescribe  the  manner  of  calling 
and  holding  public  meetings  of  the  inhabitants  in  wards, 
or  otherwise,  for  the  election  of  officers  under  the  con- 
stitution, and  the  manner  of  returning  the  votes  given  at 
such  meetings  : Provided,  that  no  such  government  shall 
be  erected  or  constituted  in  any  town  not  containing 


57 


twelve  thousand  inhabitants;  nor  unless  it  be  with  the 
consent  and  on  the  application  of  a majority  of  the  in- 
habitants of  such  town,  present  and  voting  thereon, 
pursuant  to  a vote  at  a meeting  duly  warned  and  holden 
for  that  purpose  : And  provided  also,  that  all  by-laws, 
made  by  such  municipal  or  city  government,  shall  be 
subject,  at  all  times,  to  be  annulled  by  the  General 
Court. 

Art.  3. — Every  male  citizen  of  twenty-one  years  of 
age  and  upwards,  (excepting  paupers  and  persons  under 
guardianship,)  who  shall  have  resided  within  the  Com- 
monwealth one  year,  and  within  the  town  or  district,  in 
which  he  may  claim  a right  to  vote,  six  calendar  months 
next  preceding  any  election  of  Governor,  Lieutenant 
Governor,  Senators,  or  Representatives,  and  who  shall 
have  paid,  by  himself  or  his  parent,  master  or  guardian, 
any  state  or  county  tax,  which  shall,  within  two  years 
next  preceding  such  election,  have  been  assessed  upon 
him,  in  any  town  or  district,  of  this  Commonwealth ; 
and  also  every  citizen  who  shall  be  by  law  exempted 
from  taxation,  and  who  shall  be  in  all  other  respects 
qualified  as  above  mentioned,  shall  have  a right  to  vote 
in  such  election  of  Governor,  Lieutenant  Governor, 
Senators  and  Representatives  ; and  no  other  person 
shall  be  entitled  to  vote  in  such  elections. 

Art.  4. — -Notaries  Public  shall  be  appointed  by  the 
Governor,  in  the  same  manner  as  judicial  officers  are 
appointed,  and  shall  hold  their  offices  during  seven  years, 
unless  sooner  removed  by  the  Governor,  with  the  con- 
sent of  the  Council,  upon  the  address  of  both  houses 
of  the  Legislature. 

8s 


68 


In  case  the  office  of  Secretary  or  Treasurer  of  the 
Commonwealth  shall  become  vacant  from  any  cause, 
during  the  recess  of  the  General  Court,  the  Governor, 
with  the  advice  and  consent  of  the  Council,  shall  nom- 
inate and  appoint,  under  such  regulations  as  may  be 
prescribed  by  law,  a competent  and  suitable  person  to 
such  vacant  office,  who  shall  hold  the  same  until  a suc- 
cessor shall  be  appointed  by  the  General  Court. 

Whenever  the  exigencies  of  the  Commonwealth  shall 
require  the  appointment  of  a Commissary  General,  he 
shall  be  nominated,  appointed  and  commissioned,  in 
such  manner  as  the  Legislature  may,  by  law,  prescribe. 

All  officers  commissioned  to  command  in  the  Militia, 
may  be  removed  from  office  in  such  manner  as  the  Le- 
gislature may,  by  law,  prescribe. 

Art.  6.— In  the  elections  of  Captains  and  Subalterns 
of  the  Militia,  all  the  members  of  their  respective  com- 
panies, as  well  those  under,  as  those  above  the  age  of 
twenty-one  years,  shall  have  a right  to  vote. 

Art.  6. — Instead  of  the  oath  of  allegiance  prescribed 
by  the  Constitution,  the  following  oath  shall  be  taken 
and  subscribed  by  every  person  chosen  or  appointed  to 
any  office,  civil  or  military,  under  the  Government  of 
this  Commonwealth,  before  he  shall  enter  on  the  duties 
of  his  office,  to  wit : 

‘‘I,  A.  B.  do  solemnly  swear,  that  I will  bear  true 
faith  and  allegiance  to  the  Commonwealth  of  Massa- 
chusetts, and  will  support  the  Constitution  thereof.  So 
help  me  God.” 

Provided^  That  when  any  person  shall  be  of  the  de- 
nomination called  Quakers,  and  shall  decline  taking  said 


59 


oath,  he  shall  make  his  affirmation  in  the  foregoing 
form,  omitting  the  word  “swear,’’  and  inserting^  instead 
thereof,  the  word  “affirm,”  and  omitting  the  words  “ so 
help  me  God,”  and  subjoining,  instead  thereof,  the 
words  “ this  I do  under  the  pains  and  penalties  of 
perjury.” 

Art.  7. — No  oath,  declaration  or  subscription,  ex- 
cepting the  oath  prescribed  in  the  preceding  article, 
and  the  oath  of  office,  shall  be  required  of  the  Gover- 
nor, Lieutenant  Governor,  Counsellors,  Senators  or 
Representatives,  to  qualify  them  to  perform  the  duties 
of  their  respective  offices. 

Art.  8. — No  judge  of  any  Court  of  this  Common- 
wealth, (except  the  Court  of  Sessions,)  and  no  person 
holding  any  office  under  the  authority  of  the  United 
States,  (Postmasters  excepted,)  shall,  at  the  same  time, 
hold  the  office  of  Governor,  Lieutenant  Governor  or 
Counsellor,  or  have  a seat  in  the  Senate  or  House  of 
Representatives  of  this  Commonwealth  ; and  no  Judge 
of  any  Court  in  this  Commonwealth,  (except  the  Court 
of  Sessions,)  nor  the  Attorney  General,  Solicitor  Gen- 
eral, County  Attorney,  Clerk  of  any  Court,  Sheriff, 
Treasurer  and  Receiver  General,  Register  of  Probate, 
nor  Register  of  Deeds,  shall  continue  to  hold  his  said 
office  after  being  elected  a member  of  the  Congress  of 
the  United  States,  and  accepting  that  trust ; but  the 
acceptance  of  such  trust,  by  any  of  the  officers  aforesaid, 
shall  be  deemed  and  taken  to  be  a resignation  of  his 
said  office;  and  Judges  of  the  Courts  of  Common  Pleas 
shall  hold  no  other  office  under  the  government  of  this 
Commonwealth,  the  office  of  Justice  of  the  Peace  and 
Militia  offices  excepted. 


60 


Art.  at  any  time  hereafter,  any  specific  and 

particular  amendment  or  amendments  to  the  Constitu- 
tion, be  proposed  in  the  General  Court,  and  agreed  to 
by  a majority  of  the  Senators  and  two  thirds  of  the 
Members  of  the  House  of  Representatives  present  and 
voting  thereon,  such  proposed  amendment  or  amend- 
ments shall  be  entered  on  the  journals  of  the  two  Houses, 
with  the  yeas  and  nays  taken  thereon,  and  referred  to 
the  General  Court  then  next  to  be  chosen,  and  shall  be 
published  ; and  if  in  the  General  Court  next  chosen,  as 
aforesaid,  such  proposed  amendment  or  amendments 
shall  be  agreed  to  by  a majority  of  the  Senators  and 
two  thirds  of  the  Members  of  the  House  of  Repre- 
sentatives present  and  voting  thereon ; then  it  shall 
be  the  duty  of  the  General  Court  to  submit  such 
proposed  amendment  or  amendments  to  the  people ; 
and  if  they  shall  be  approved  and  ratified  by  a ma- 
jority of  the  qualified  voters,  voting  thereon,  at  meet- 
ings legally  warned  and  holden  for  that  purpose,  they 
shall  become  part  of  the  Constitution  of  this  Common- 
wealth,” 


61 


TENTH  ARTICLE  OF  AMENDMENT  or  the 
CONSTITUTION  OF  MASSACHUSETTS — 
Adopted  by  the  Legislature  of  the  political  year  1829 
-30,  and  by  the  Legislature  of  the  political  year  1830 
-31,  agreeably  to  the  provisions  of  the  Constitution, 
and  ratified  by  the  People,  May  11th,  1831. 

ARTICLE  OF  AMENDMENT. 

‘‘  The  political  year  shall  begin  on  the  first  Wednes- 
day of  January  instead  of  the  last  Wednesday  of  May, 
and  the  General  Court  shall  assemble  every  year  on  the 
said  first  Wednesday  of  January,  and  shall  proceed,  at 
that  session,  to  make  all  the  elections,  and  do  all  the 
other  acts,  which  are  by  the  Constitution  required  to  be 
made  and  done  at  the  session  which  has  heretofore  com- 
menced on  the  last  Wednesday  of  May.  And  the  Gen- 
eral Court  shall  be  dissolved  on  the  day  next  preceding 
the  first  Wednesday  of  January,  without  any  proclama- 
tion or  other  act  of  the  Governor.  But  nothing  herein 
contained  shall  prevent  the  General  Court  from  assem- 
bling at  such  other  times  as  they  shall  judge  necessary, 
or  when  called  together  by  the  Governor.  The  Gover- 
nor, Lieutenant  Governor,  and  Counsellors,  shall  also 
hold  their  respective  offices  for  one  year  next  following 
the  first  Wednesday  of  January,  and  until  others  are 
chosen  and  qualified  in  their  stead. 

The  meeting  for  the  choice  of  Governor,  Lieutenant 
Governor,  Senators  and  Representatives,  shall  be  held 
on  the  second  Monday  of  November  in  every  year,  but 
meetings  may  be  adjourned,  if  necessary,  for  the  choice 


62 


of  Representatives,  to  the  next  day,  and  again  to  the 
next  succeeding  day,  but  no  further.  But  in  case  a 
second  meeting  shall  bo  necessary  for  the  choice  of 
Representatives,  such  meetings  shall  be  held  on  the 
fourth  Monday  of  the  same  month  of  November. 

‘‘  All  the  other  provisions  of  the  Constitution,  respect- 
ing the  elections  and  proceedings  of  the  members  of  the 
General  Court,  or  any  other  officers  or  persons  what- 
ever, that  have  reference  to  the  last  Wednesday  of  May 
as  the  commencement  of  the  political  year,  shall  be  so 
far  altered,  as  to  have  like  reference  to  the  first  Wed- 
nesday of  January. 

“ This  article  shall  go  into  operation  on  the  first  day 
of  October,  next  following  the  day  when  the  same  shall 
be  duly  ratified  and  adopted  as  an  amendment  of  the 
Constitution,  and  the  Governor,  Lieutenant  Governor, 
Counsellors,  Senators,  Representatives,  and  all  other 
state  officers,  who  are  annually  chosen,  and  who  shall 
be  chosen  for  the  current  year,  when  the  same  shall  go 
into  operation,  shall  hold  their  respective  offices  until 
the  first  Wednesday  of  January  then  next  following,  and 
until  others  are  chosen  and  qualified  in  their  stead,  and 
no  longer ; and  the  first  election  of  the  Governor,  Lieu- 
tenant Governor,  Senators  and  Representatives,  to  be 
had  in  virtue  of  this  article,  shall  be  had  conformably 
thereunto,  in  the  month  of  November  following  the  day 
on  which  the  same  shall  be  in  force  and  go  into  opera- 
tion, pursuant  to  the  foregoing  provision. 

“ All  the  provisions  of  the  existing  Constitution,  in- 
consistent with  the  provisions  herein  contained,  are 
hereby  wholly  annulled.’’ 


63 


# 


<a:ommonUJealtlj  of  jHassacljtisetts* 


Secretary’s  Office,  August  30,  1832. 

I CERTIFY,  that  I have  compared  the  Copy  of  the  Form  of  Govern- 
ment agreed  upon  by  the  Convention  of  1780,  as  here  printed,  w^ith  the 
Constitution  as  finally  ratified,  engrossed  on  parchment,  and  deposited  in  the 
Public  Archives,  and  find  that  it  exactly  corresponds  therewith.  I have  also 
compared  the  foregoing  printed  copies  of  the  several  Amendments  to  the 
Constitution,  with  the  originals  as  engrossed,  and  deposited  in  the  Public  Ar- 
chives, and  certify  that  the  same  are  true  copies. 

EDWARD  D.  BANGS, 

Secretary  of  the  Commonwealth. 


■ ».  . ' . . ■ v'  ■ 

vrr.;  r:r. 

h\‘  1 cU^'V.u.’j,  i; .)  ■;  >j 

iff' 

-f/\  •--’■i;6  j'ur.o  ',  ■ 

' •■!■-••;  V"''  ■ 

■ %y  ■ • vw'.i?;;  v^iv,i  ^.-1  '•  ■•• '•'■.:/ 


The  following  Article  of  Amendment  of  the  Constitution, 
has  been  agreed  to  by  constitutional  majorities  of  the 
last,  and  present  Legislature,  and  is  to  be  submitted  to 
the  people  for  their  ratification  or  rejection,  on  the 
second  Monday  of  November  next.  If  ratified  by  them, 
it  will  become  the 

ELEVENTH  ARTICLE  OF  AMENDMENT. 

Instead  of  the  Third  Article  of  the  Bill  of  Rights,  the 
following  modification  and  Amendment  thereof  is  sub- 
stituted* 

As  the  Public  Worship  of  God,  and  instructions  in 
piety,  religion,  and  morality,  promote  the  happiness  and 
prosperity  of  a people,  and  the  security  of  a Republican 
Government : therefore,  the  several  Religious  Societies 
of  this  Commonwealth,  whether  corporate  or  unincorpo- 
rate,  at  any  meeting  legally  warned  and  holden  for  that 
purpose,  shall  ever  have  the  right  to  elect  their  pastors 
or  religious  teachers,  to  contract  with  them  for  their 
support,  to  raise  money  for  erecting  and  repairing  houses 
for  Public  Worship,  for  the  maintenance  of  religious  in- 
struction, and  for  the  payment  of  necessary  expenses  : 
And  all  persons  belonging  to  any  Religious  Society  shall 
be  taken,  and  held  to  be  members,  until  they  shall  file 
with  the  Clerk  of  such  Society  a written  notice  declaring 
the  dissolution  of  their  membership,  and  thenceforth 
shall  not  be  liable  for  any  grant  or  contract  which  may 
be  thereafter  made  or  entered  into  by  such  Society  : And 


all  religious  sects  and  denominations  demeaning  them- 
selves peaceably,  and  as  good  citizens  of  the  Common- 
wealth, shall  be  equally  under  the  protection  of  the 
law  ; and  no  subordination  of  any  one  sect  or  denomina- 
tioji  to  another,  shall  ever  be  established  by  law. 


I certify  that  the  foregoing  is  a true  copy  from  the 
original  Resolve  now  on  the  files  of  the  Senate. 

CHA’S.  CALHOUN, 

Clerk  of  the  Senate. 


UNITED  STATES. 


CONSTITUTION 


OF 

THE  UNITED  STATES. 


We,  the  people  of. the  United  States,  in  order  to  form 
a more  perfect  union,  establish  justice,  insure  domestic 
tranquillity,  provide  for  the  common  defence,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America. 

ARTICLE  I. 

Sec.  1.  All  legislative  powers  herein  granted,  shall 
be  vested  in  a Congress  of  the  United  States,  which  shall 
consist  of  a Senate  and  House  of  Representatives. 

Sec.  2.  The  House  of  Representatives  shall  be  com- 
posed of  members  chosen  every  second  year,  by  the  peo- 
ple of  the  several  States  ; and  the  electors  in  each  State 
shall  have  the  qualifications  requisite  for  electors  of  the 
most  numerous  branch  of  the  State  Legislature. 

No  person  shall  be  a Representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven 
years  a citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  State  in  which  he 
shall  be  chosen. 

9s 


66 


Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States,  which  may  be  included  within 
this  Union,  according  to  their  respective  numbers,  which 
shall  be  determined  by  adding  to  the  whole  number  of 
free  persons,  including  those  bound  to  service  for  a term 
of  years,  and  excluding  Indians  not  taxed,  three^fifths  of 
all  other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress 
of  the  United  States,  and  within  every  subsequent  term 
of  ten  years,  in  such  manner  as  they  shall  by  law  direct. 
The  number  of  Representatives  shall  not  exceed  one  for 
every  thirty  thousand  ; but  each  State  shall  have  at  least 
one  Representative  ; and  until  such  enumeration  shall  be 
made,  the  State  of  New  Hampshire  shall  be  entitled  to 
choose  three,  Massachusetts  eight,  Rhode  Island  and 
Providence  Plantations  one,  Connecticut  five,  New  York 
six.  New  Jersey  four,  Pennsylvania  eight,  Delaware  one, 
Maryland  six,  Virginia  ten,  North  Carolina  five.  South 
Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  representation  from  any 
S;tate,  the  Executive  authority  thereof  shall  issue  writs 
of  election  to  fill  such  vacancies. 

The  House  of  Representatives  shall  choose  their 
Speaker  and  other  officers  ; and  shall  have  the  sole  pow- 
er of  impeachment. 

Sec.  3.  The^  Senate  of  the  United  States  shall  be 
composed  of  two  Senators  from  each  State,  chosen  by 
the  Legislature  thereof,  for  six  years ; and  each  Senator 
shall  have  one  vote. 

Immediately  after  they  shall  be  assembled,  in  conse- 
quence of  the  first  election,  they  shall  be  ’divided  as 
equally  as  may  be  into  three  classes.  The  seats  of  the 


G7 


Senators  of  the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  second  year  ; of  the  second  class  at  the  exj)i- 
ration  of  the  fourth  year ; and  of  the  third  class  at  the 
expiration  of  the  sixth  year  ; so  that  one  third  may  be 
chosen  every  second  year ; and  if  vacancies  happen,  by 
resignation,  or  otherwise,  during  the  recess  of  the  Legis- 
lature of  any  State,  the  Executive  thereof  may  make 
temporary  appointments,  until  the  next  meeting  of  the 
Legislature,  which  shall  then  fill  such  vacancies. 

No  person  shall  be  a Senator,  who  shall  not  have  at- 
tained to  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  pf  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  State  for  which  he  shall 
be  chosen. 

The  Vice  President  of  the  United  States  shall  be  Pres- 
ident of  the  Senate,  but  shall  have  no  vote,  unless  they 
be  equally  divided. 

The  Senate  shall  choose  their  other  officers,  and  also 
a President  pro  tempore,  in  the  absence  of  the  Vice 
President,  or  when  he  shall  exercise  the  office  of  Presi- 
dent of  the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments : when  sitting  for  that  purpose  they  shall  be 
on  oath  or  affirmation.  When  the  President  of  the  Uni- 
ted States  is  tried,  the  Chief  Justice  shall  preside;  and 
no  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present. 

Judgment,  in  cases  of  impeachment,  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or  profit,  un- 
der the  United  States ; but  the  party  convicted  shall 
nevertheless,  be  liable  and  subject  to  indictment,  trial, 
judgment  and  punishment,  according  to  law. 


68 


Sec.  4.  The  times,  places  and  manner  of  holding 
elections  for  Senators  and  Representatives,  shall  be  pre- 
scribed in  each  State  by  the  Legislature  thereof ; but  the 
Congress  may  at  any  lime,  by  law,  make  or  alter  such 
regulations,  except  as  to  the  places  of  choosing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every 
year,  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall  by  law  appoint  a different 
day. 

Sec.  5.  Each  House  shall  be  the  judge  of  the  elec- 
tions, returns  and ’qualifications  of  its  own  members,  and 
a majority  of  each  shall  const;itute  a quorum  to  do  busi- 
ness ; but  a smaller  number  nic'iy  adjourn  from  day  to  day, 
and  may  be  authorized  to  compel  the  attendance  of  ab- 
sent members,  in  such  manner,  and  under  such  penalties, 
as  each  House  may  provide. 

Each  House  may  determine  the  rules  of  its  proceed-^ 
ings,  and  punish  its  members  for  disorderly  behavior, 
and,  with  the  concurrence  of  two-thirds,  expel  a Mem- 
ber. 

Each  House  shall  keep  a journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may  in  their  judgment  require  secrecy  ; and  the 
yeas  and  nays  of  the  members  of  either  House,  on  any 
question,  shall,  at  the  desire  of  one'-fifth  of  those  present, 
be  entered  on  the  journal. 

Neither  House,  during. the  session  of  Congress,  shall' 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which 
the  two  Houses  shall  be  sitting. 

Sec.  6.  Tfie  Senators  and  Representatives  shall  re- 


G9 


ceive  a compensation  for  their  services,  to  be  ascertain- 
ed by  law,  and  paid  out  of  the  Treasury  of  the  United 
States.  They  shall  in  all  cases,  except  treason,  felony, 
and  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing their  attendance  at  the  session  of  their  respective 
Houses,  and  in  going  to,  and  returning  from  the  same  ; 
and  for  any  speech  or  debate  in  either  House,  they  shall 
not  be  questioned  in  any  other  place. 

No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil 
office  under  the  authority  of  the  United  States,  which 
shall  have  been  created,  or  the  emoluments  whereof 
shall  have  been  increased  during  such  time  ; and  no  per- 
son holding  any  office  under  the  United  States,  shall  be 
a Member  of  either  House  during  his  continuance  in 
office.  • - 

Sec.  7.  All  bills  for  raising  revenue,  shall  originate 
in  the  House  of  Representatives ; but  the  Senate  may 
propose  or  concur  with  amendments,  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  House  of  Re- 
presentatives and  the  Senate,  shall,  before  it  become  a 
law,  be  presented  to  the  President  of  the  United  States  ; 
if  he  approve  he  shall  sign  it,  but  if  not,  he  shall  return 
it,  with  his  objections,  to  that  House  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large 
on  their  journal,  and  proceed  ta  reconsider  it.  If  after 
such  reconsideration,  two  thirds  of  that  House  shall 
agree  to  pass  the  bill,  it  shall  be  senty  together  with  the 
objections,  to  the  other  House,  by  which  it  shall  likewise 
be  reconsidered,  and  if  approved  by  two  thirds  of  that 
House,  it  shall  become  a law.  But  in  all  such  cases, 
the  votes  of  both  Houses  shall  be  determined  by  yeas 


70 


and  nays ; and  the  names  of  the  persons  voting  for  and 
against  the  bill,  shall  be  entered  on  the  journal  of  each 
House  respectively.  If  any  bill  shall  not  be  returned 
by  the  President  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a law,  in  like  manner  as  if  he  had  signed  it,  unless 
ihe  Congress,  by  their  adjournment,  prevent  its  return, 
in  which  case  it  shall  not  be  a law. 

Every  order,  resolution  or  vote,  to  which  the  concur- 
rence of  the  Senate  and  House  of  Representatives  may 
be  necessary,  (except  on  a question  of  adjournment) 
shall  be  presented  to  the  President  of  the  United  States ; 
and  before  the  same  shall  take  effect,  shall  be  approved 
by  him,  or  being  disapproved  by  him  shall  be  repassed 
by  two  thirds  of  the  Senate  and  House  of  Representa- 
tives, according  to  the  rules  and  limitations  prescribed 
in  the  case  of  a bill. 

Sec.  8.  The  Congress  shall  have  power — To  lay  and 
collect  taxes,  duties,  imposts  and  excises  ; to  pay  the 
debts  and  provide  for  the  common  defence  and  general 
welfare  of  the  United  States  ; but  all  duties,  imposts  and 
excises  shall  be  uniform  throughout  the  United  States  : 

^ — To  borrow  money  on  the  credit  of the  United  States : 
— To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes : 
— To  establish  an  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies  throughout 
the  United  States : — To  coin  money,  regulate  the  value 
thereof,  and  of  foreign  coin,  and  to  fix  the  standard  of 
weights  and  measures  : — To  provide  for  the  punishment 
of  counterfeiting  the  securities  and  current  coin  of  the 
United  States  : — To  establish  post  offices  and  post 


71 


roads  : — To  promote  the  progress  of  science  and  useful 
arts,  by  securing  for  limited  times  to  autliors  and  invent- 
ors the  exclusive  right  to  their  respective  writings  and 
discoveries  : — To  constitute  tribunals  inferior  to  the  Su- 
preme Court : — To  define  and  punish  piracies  and  felo- 
nies committed  on  the  high  seas,  and  offences  against 
the  law  of  nations  : — ^^To  declare  war,  grant  letters  of 
marque  and  reprisal,  and  make  rules  concerning  cap- 
tures on  land  and  water  : — To  raise  and  support  armies, 
but  no  appropriation  of  money  to  that  use  shall  be  for  a 
longer  term  than  two  years  : — To  provide  and  maintain 
a navy : — To  make  rules  for  the  government  and  regu- 
lation of  the  land  and  naval  forces: — To  provide  for 
calling  forth  the  militia  to  execute  the  laws  of  the  union, 
suppress  insurrections  and  repel  invasions  : — To  provide 
for  organizing,  arming  and  disciplining  the  militia,  and 
for  governing  such  part  of  them  as  may  be  employed  in 
the  service  of  the  United  States,  reserving  to  the  States 
respectively,  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia,  according  to  the  disci- 
pline prescribed  by  Congress  : — To  exercise  exclusive 
legislation  in  all  cases  whatsoever,  over  such  district, 
(not  exceeding  ten  miles  square)  as  may,  by  cession  of 
particular  States,  and  the  acceptance  of  Congress,  be- 
come the  seat  of  the  governmeut  of  the  United  States, 
and  to  exercise  like  authority  over  all  places  purchased 
by  consent  of  the  Legislature  oP  the  State  in  which  the 
same  shall  be,  for  the  erection  of  forts,  magazines,  arse- 
nals, dock  yards,  and  other  needful  buildings  : And  to 
make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all 
other  powers  vested  by  this  Constitution  in  the  govern- 
ment of  the  United  States,  or  in  any  department  or  offi- 
cer thereof. 


72  . 

Sec.  9.  The  migration  or  importation  of  such  per- 
sons as  any  of  the  States  now  existing,  shall  think  pro- 
per to  admit,  shall  not  be  prohibited  by  the  Congress, 
prior  to  the  year  one  thousand  eight  hundred  and  eight ; 
but  a fax  or  duty  may  be  imposed  on  such  importation, 
not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when  in  cases  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

No  bill  of  attainder,  or  ex  post  facto  law  shall  be 
passed.  ' - 

No  capitation,  or  other  direct  tax  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  herein  be- 
fore directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State. 

No  preference  shall  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over 
those  of  another  ; nor  shall  vessels  bound  to,  or  from  one 
State,  be  obliged  to  enter,  clear,  or  pay  duties  in  an- 
other. 

No  money  shall  be  drawn  from  the  Treasury  but  in 
consequence  of  appropriations  made  by  law  ; and  a 
regular  statement  and  account  of  the  receipts  and  ex- 
penditures of  all  public  money  shall  be  published  from 
time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United 
States ; and  no  person  holding  any  office  of  profit  or 
trust  under  them,  shall,  without  the  consent  of  the  Con- 
gress, accept  of  any  present,  emolument,  office,  or  title, 
of  any  kind  whatever,  from  any  King,  Prince,  or  foreign 
State.' 


73 


Sec.  10.  No  State  shall  enter  into  any  treaty,  alli- 
ance, or  confederation  ; grant  letters  of  marque  and 
reprisal ; coin  money  ; emit  bills  of  credit ; make  any 
thing  but  gold  and  silver  coin  a tender  in  payment  of 
debts  ; pass  any  bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  obligation  of  contracts,  or  grant  any 
title  of  nobility.  No  State  shall,  without  the  consent 
of  the  Congress,  lay  any  imposts  or  duties  on  imports  or 
exports,  except  what  may  be  absolutely  necessary  for 
executing  its  inspection  laws ; and  the  net  produce  of 
all  duties  and  imposts,  laid  by  any  State  on  imports,  or 
exports,  shall  be  for  the  use  of  the  Treasury  of  the  Uni- 
ted States ; and  all  such  laws  shall  be  subject  to  the  re- 
vision and  control  of  the  Congress.  No  State  shall, 
without  the  consent  of  Congress,  lay  any  duty  of  ton- 
nage, keep  troops,  or  ships  of  war,  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another 
State,  or  with  a foreign  power,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay. 

ARTICLE  II. 

Sec.  1.  The  Executive  Power  shall  be  vested  in  a 
PRESIDENT  of  the  United  States  of  America,  He 
shall  hold  his  office  during  the  term  of  four  years ; and 
together  with  the  Vice-President,  chosen  for  the  same 
term,  be  elected  as  follows : 

Each  State  shall  appoint,  in  such  manner  as  the  Le- 
gislature thereof  may  direct,  a number  of  electors,  equal 
to  the  whole  number  of  Senators  and  Representatives 
to  which  the  State  may  be  entitled  in  the  Congress  : 
But  no  Senator  or  Representative,  or  person  holding  an 
10  s 


74 


office  of  trust  or  profit  under  the  United  States,  shall 
be  appointed  an  elector. 

The  electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  tvvo  persons,  of  whom  one  at  least, 
shall  not  be  an  inhabitant  of  the  same  State  with  them- 
selves. And  they  shall  make  a list  of  all  the  persons 
voted  for,  and  of  the  number  of  votes  for  each  ; which 
list  they  shall  sign  and  certify,  and  transmit,  sealed,  to 
the  seat  of  the  Government  of  the  United  States,  di- 
rected to  the  President  of  the  Senate.  The  President 
of  the  Senate  shall,  in  the  presence  of  the  . Senate  and 
House  of  Representatives,  open  all  the  certificates,  and 
the  votes  shall  then  be  counted.  The  person  having 
the  greatest  number  of  votes  shall  be  the  President,  if 
such  number  be  a majority  of  the  whole  number  of 
electors  appointed  : And  if  there  be  more  than  one  who 
have  such  majority,  and  have  an  equal  number  of  votes, 
then  the  House  of  Representatives  shall  immediately 
choose  by  ballot  one  of  them  for  President ; and  if  no 
person  have  a majority,  then  from  the  five  highest  on 
the  list,  the  said  House  shall  in  like  manner  choose  the 
President.  But  in  choosing  the  President,  the  votes 
shall  be  taken  by  States,  the  representation  from  each 
State  having  one  vote  ; a quorum  for  this  purpose  shall 
consist  of  a member  or  members  from  two  thirds  of  the 
States,  and  a majority  of  all  the  States  shall  be  neces- 
sary to  a choice.  In  every  case,  after  the  choice  of  the 
President,  the  person  having  the  greatest  number  of 
votes  of  the  electors,  shall  be  the  Vice  President.  But 
if  there  should  remain  two  or  more  who  have  equal 
votes,  the  Senate  shall  choose  from  them,  by  ballot,  the 
Vice  President. 


75 


The  Congress  may  determine  the  time  of  choosing 
the  electors,  and  the  day  on  which  they  shall  give  their 
votes ; which  day  shall  be  the  same  throughout  the 
United  States. 

No  person,  except  a natural  born  citizen,  or  a citizen 
of  the  United  States,  at  the  time  of  the  adoption  of  this 
Constitution,  shall  be  eligible  to  the  office  of  President; 
neither  shall  any  person  be  eligible  to  that  office,  who 
shall  not  have  attained  to  the  age  of  thirty-five  years, 
and  been  fourteen  years  a resident  within  the  United 
States. 

In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge 
the  powers  and  duties  of  the  said  office,  the  same  shall 
devolve  on  the  Vice  President ; and  the  Congress  may 
by  law  provide  for  the  case  of  removal,  death,  resigna- 
tion or  inability,  both  of  the  President  and  Vice  Presi- 
dent, declaring  what  officer  shall  then  act  as  President, 
and  such  officer  shall  act  accordingly,  until  the  disabil- 
ity be  removed,  or  a President  shall  be  elected. 

The  President  shall,  at  stated  times,  receive  for  his 
services,  a compensation,  which  shall  neither  be  in- 
creased nor  diminished  during  the  period  for  which  he 
shall  have  been  elected  ; and  he  shall  not  receive  within 
that  period  any  other  emolument  from  the  United  States, 
or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation  : 

“ I do  solemnly  swear  (or  affirm,)  that  I will  faithfully 
execute  the  office  of  President  of  the  United  States, 
and  will,  to  the  best  of  my  ability,  preserve,  protect  and 
defend  the  Constitution  of  the  United  States.” 


76 


Sec.  2.  The  President  shall  be  Commander  in  Chief 
of  the  Army  and  Navy  of  the  United  States,  and  of  the 
Militia  of  the  several  States,  when  called  into  the  actual 
service  of  the  United  States.  He  may  require  the 
opinion,  in  writing,  of  the  principal  officer  in  each  of 
the  executive  departments,  upon  any  subject  relating  to 
the  duties  of  their  respective  offices,  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offences  against 
the  United  States,  except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  make  treaties,  provided  two 
thirds  of  the  Senators  present  concur ; and  he  shall 
nominate,  and,  by  and  with  the  advice  and  consent  of 
the  Senate,^  shall  appoint  Ambassadors,  other  public 
Ministers  and  Consuls,  Judges  of  the  Supreme  Court, 
and  all  other  officers  of  the  United  States,  whose  ap- 
pointments are  not  herein  otherwise  provided  for,  and 
which  shall  be  established  by  law.  But  the  Congress 
may  by  law  vest  the  appointment  of  such  inferior  offi- 
cers as  they  think  proper,  in  the  President  alone,  in  the 
courts  of  law,  or  in  the  heads  of  departments. 

The  President  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by 
granting  commissions  which  shall  expire  at  the  end  of 
their  next  session. 

Sec.  3.  He  shall  from  time  to  time  give  to  the  Con- 
gress, information  of  the  state  of  the  Union,  and  re- 
commend to  their  consideration,  such  measures  as  he 
shall  judge  necessary  and  expedient;  he  may,  on  ex- 
traordinary occasions,  convene  both  Houses,  or  either 
of  them,  and  in  case  of  disagreement  between  them, 
with  respect  to  the  time  of  adjournment,  he  may  ad- 


77 


journ  them  to  such  time  as  he  shall  think  proper ; he 
shall  receive  Ambassadors  and  other  public  Ministers ; 
he  shall  take  care  that  the  laws  be  faithfully  executed, 
and  shall  commission  all  the  officers  of  the  United 
States. 

Sec.  4.  The  President,  Vice  President,  and  all  civil 
officers  of  the  United  States  shall  be  removed  from 
office  on  impeachment  for,  and  conviction  of  treason, 
bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE  III. 

Sec.  1.  The  Judicial  power  of  the  United  States, 
shall  be  vested  in  one  Supreme  Court,  and  in  such  In- 
ferior Courts  as  the  Congress  may,  from  time  to  time, 
order  and  establish.  The  Judges,  both  of  the  Supreme 
and  Inferior  Court  shall  hold  their  offices  during  good 
behavior,  and  shall,  at  stated  times,  receive  for  their 
services,  a compensation,  which  shall  not  be  diminished 
during  their  continuance  in  office. 

Sec.  2.  The  Judicial  power  shall  extend  to  all  cases, 
in  law  and  equity,  arising  under  this  Constitution,  the 
laws  of  the  United  States,  and  treaties  made,  or  which 
shall  be  made,  under  their  authority  ; to  all  cases  affect- 
ing Ambassadors,  other  public  Ministers  and  Consuls ; 
To  all  cases  of  admiralty  and  maritime  jurisdiction  ; to 
controversies  to  which  the  United  States  shall  be  a par- 
ty ; to  controversies  between  two  or  more  States,  be- 
tween a State  and  citizens  of  another  State,  between 
citizens  of  different  States,  between  citizens  of  the  same 
State  claiming  lands  under  grants  of  different  States, 


78 


and  between  a State,  or  the  citizens  thereof,  and  foreign 
States,  citizens  or  subjects. 

In  all  cases  affecting  Ambassadors,  other  public  Min- 
isters and  Consuls,  and  those  in  which  a State  shall  be 
party,  the  Supreme  Court  shall  have  original  jurisdic- 
tion. In  all  the  other  cases  before  mentioned,  the  Su- 
preme Court  shall  have  appellate  jurisdiction,  both  as 
to  law  and  fact,  with  such  exceptions,  and  under  such 
regulations  as  the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury ; and  such  trial  shall  be  held  in 
the  State  where  the  said  crimes  shall  have  been  com- 
mitted ; but  when  not  committed  within  any  State,  the 
trial  shall  be  at  such  place  or  places  as  the  Congress 
may  by  law  have  directed. 

Sec.  3.  Treason  against  the  United  States  shall  con- 
sist only  in  levying  war  against  them,  or  in  adhering  to 
their  enemies,  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason,  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  on  confession 
in  open  Court. 

The  Congress  shall  have  power  to  declare  the  pun- 
ishment of  treason,  but  no  attainder  of  treason  shall 
work  corruption  of  blood,  or  forfeiture,  except  during 
the  life  of  the  person  attainted. 

ARTICLE  IV. 

Sec.  1.  Full  faith  and  credit  shall  be  given  in  each 
State  to  the  public  acts,  records,  and  judicial  proceed- 
ings of  every  other  State.  And  the  Congress  may,  by 
general  laws,  prescribe  the  manner  in  which  such  acts, 
records  and  proceedings,  shall  be  proved,  and  the  effect 
thereof. 


79 


Sec.  2.  The  citizens  of  each  State  shall  be  entitled 
to  all  privileges  and  immunities  of  citizens  in  the  sev- 
eral States. 

A person  charged  in  any  State  with  treason,  felony, 
or  other  crime,  who  shall  flee  from  justice,  and  be  found 
in  another  State,  shall,  on  demand  of  the  executive  au- 
thority of  the  State  from  which  he  fled,  be  delivered 
up,  to  be  removed  to  the  State  having  jurisdiction  of 
the  crime. 

No  person  held  to  service  or  labor  in  one  State,  under 
the  laws  thereof,  escaping  into  another,  shall  in  conse- 
quence of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor;  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may 
be  due. 

Sec.  3.  New  States  may  be  admitted  by  the  Con- 
gress into  this  Union  ; but  no  new  State  shall  be  formed 
or  erected  within  the  jurisdiction  of  any  other  State  ; 
nor  any  State  be  formed  by  the  junction  of  two  or  more 
States  or  parts  of  States,  without  the  consent  of  the 
Legislatures  of  the  States  concerned,  as  well  as  of  the 
Congress. 

The  Congress  shall  have  power  to  dispose  of,  and 
make  all  needful  rules  and  regulations  respecting  the 
territory  or  other  property  belonging  to  the  United 
States  : And  nothing  in  this  Constitution  shall  be  so 
construed,  as  to  prejudice  any  claims  of  the  United 
States,  or  of  any  particular  State. 

Sec.  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a Republican  Form  of  Government; 
and  shall  protect  each  of  them  against  invasion ; and 


80 


on  application  of  the  Legislature,  or  of  the  Executive, 
(when  the  Legislature  cannot  be  convened)  against 
domestic  violence. 


ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  Houses 
shall  deem  it  necessary,  shall  propose  amendments  to 
this  Constitution,  or,  on  the  application  of  the  Legisla- 
tures of  two  thirds  of  the  several  States,  shall  call  a 
convention  for  proposing  amendments,  which,  in  either 
case,  shall  be  valid,  to  all  intents  and  purposes,  as  part 
of  this  Constitution,  when  ratified  by  the  Legislatures 
of  three-fourths  of  the  several  States,  or  by  conventions 
in  three-fourths  thereof,  as  the  one  or  the  other  mode 
of  ratification  may  be  proposed  by  the  Congress ; pro- 
vided, that  no  amendments,  which  may  be  made  prior 
to  the  year  one  thousand  eight  hundred  and  eight,  shall 
in  any  manner  affect  the  first  and  fourth  clauses  in  the 
ninth  section  of  the  first  article  ; and  that  no  State, 
without  its  consent,  shall  be  deprived  of  its  equal  suff- 
rage in  the  Senate. 

ARTICLE  VI. 

All  debts  contracted,  and  engagements  entered  into, 
before  the  adoption  of  this  Constitution,  shall  be  as  valid 
against  the  United  States,  under  this  Constitution,  as 
under  the  Confederation. 

This  Constitution,  and  the  Laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  trea- 
ties made,  or  which  shall  be  made,  under  the  authority 
of  the  United  States,  shall  be  the  Supreme  Law  of  the 
land  ; and  the  Judges  in  every  State,  shall  be  bound 
thereby,  any  thing  in  the  Constitution  or  Law's  of  any 
Slate  to  the  contrary  notwithstanding. 


81 


The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  State  Legislatures,  and 
all  Executive  and  Judicial  Officers,  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by  oath 
or  affirmation,  to  support  this  Constitution ; but  no  re- 
ligious test  shall  ever  be  required  as  a qualification  to 
any  office  or  public  trust  under  the  United  States. 


The  ratification  of  the  Conventions  of  nine  States, 
shall  be  sufficient  for  the  establishment  of  this  Consti- 
tution between  the  States  so  ratifying  the  same. 

Done  in  Convention^  by  the  unanimous  consent  of  the 
States  present^  the  seventeenth  day  of  September^  in  the 
year  of  our  Lord,  one  thousand  seven  hundred  and 
eighty-seven,  and  of  the  hidependence  of  the  United 
States  of  America  the  twelfth.  In  witness  whereof,  we 
have  hereunto  subscribed  our  names. 


ARTICLE  VII. 


GEORGE  WASHINGTON,  President, 

and  Deputy  from  Virginia. 


New  Hampshire, 


John  Langdon, 
Nicholas  Gilman. 


Massachusetts, 


Connecticut, 


C William  Samuel  Johi 
( Roger  Sherman. 

Alexander  Hamilton. 

- ■ - - 


Nathaniel  Gorham, 
Rufus  King, 

William  Samuel  Johnson 


ir  Sherman. 


New  York, 


New  Jersey, 


11  s 


82 


Pennsylvania^ 

/Benjamin  Franklin, 
1 Thomas  Mifflin, 

A Robert  Morris, 
^George  Clymer, 

^ Thomas  Fitzsimons, 
Jjai'ed  Ingersol, 
f James  Wilson, 
\Gouverneur  Morris. 

Delaimrey 

/George  Reed, 

1 Gunning  Bedford,  Junior, 
/John  Dickenson, 

1 Richard  Bassett, 
vJacob  Broom. 

Maryland^ 

( James  M’Henry, 

< Daniel  of  St.  Th  : Jenifer, 
( Daniel  Carroll. 

Virginia  y 

( John  Blair, 

( James  Madison,  junior. 

North  Carolina^ 

^ William  Blount, 

< Richard  Dobbs  Spaight, 
f Hugh  Williamson. 

South  Carolina^ 

/John  Rutledge, 
NCharles  C.  Pinckney, 
jCharles  Pinckney, 
(Pierce  Butler. 

Georgia^ 

( Wiliam  Few, 

( Abraham  Baldwin. 

Attest, 

WILLIAM  JACKSON,  Secretary. 

83 


In  Convention,  Monday,  September  17,  1787. 

Present,  the  States  of  New  Hampshire,  Massachusetts, 
Connecticut,  Mr.  Hamilton  from  New  York,  New  Jer- 
sey, Pennsylvania,  Delaware,  Maryland,  Virginia, 
North  Carolina,  South  Carolina,  and  Georgia  : 

Resolved,  That  the  preceding  Constitution  be  laid  be- 
fore the  United  States,  in  Congress  assembled,  and  that 
it  is  the  opinion  of  this  Convention,  that  it  should  after- 
wards be  submitted  to  a Convention  of  Delegates,  cho- 
sen in  each  State  by  the  people  thereof,  under  the  re- 
commendation of  its  Legislature,  for  their  assent  and 
ratification ; and  that  each  Convention  assenting  to,  and 
ratifying  the  same,  should  give  notice  thereof  to  the 
United  States,  in  Congress  assembled. 

Resolved,  That  it  is  the  opinion  of  this*Convenlion, 
that  as  soon  as  the  Conventions  of  nine  States  shall 
have  ratified  this  Constitution,  the  United  States,  in 
Congress  assembled,  should  fix  a day  on  which  Electors 
should  be  appointed  by  the  States  which  shall  have  rati- 
fied the  same,  and  a day  on  which  the  Electors  should 
assemble  to  vote  for  the  President,  and  the  time  and 
place  for  commencing  proceedings  under  this  Constitu- 
tion. That  after  such  publication,  the  Electors  should 
be  appointed,  and  the  Senators  and  Representatives 
elected.  That  the  Electors  should  meet  on  the  day 
fixed  for  the  election  of  the  President,  and  should  trans- 
mit th^ir  votes,  certified,  signed,  sealed  and  directed,  as 
the  Constitution  requires,  to  the  Secretary  of  the  United 
States,  in  Congress  assembled.  That  the  Senators  and 


84 


Representatives  should  convene  at  the  time  and  place 
assigned.  That  the  Senators  should  appoint  a Presi- 
dent of  the  Senate,  for  the  sole  purpose  of  receiving, 
opening  and  counting  the  votes  for  President;  and,  that 
after  he  shall  be  chosen,  the  Congress,  together  with  the 
President,  should,  without  delay,  proceed  to  execute 
this  Constitution. 

By  the  unanimous  order  of  the  Convention, 

GEORGE  WASHINGTON,  President 
W.  Jackson,  Secretary, 


In  Convention,  September  17,  1787. 

Sir,— We  have  now  the  honor  to  submit  to  the  con- 
sideration of  the  United  States,  in  Congress  assembled, 
that  Constitution  which  has  appeared  to  us  the  most 
advisable. 

The  friends  of  our  country  have  long  seen  and  de- 
sired, that  the  power  of  making  war,  peace,  and  trea- 
ties ; that  of  levying  money  and  regulating  commerce, 
and  the  correspondent  executive  and  judicial  authori- 
ties, should  be  fully  and  effectually  vested  in  the  Gen- 
eral Government  of  the  Union  : But  the  impropriety  of 
delegating  such  extensive  trust  to  one  body  of  men  is 
evident — Hence  results  the  necessity  of  a different  or- 
ganization. 

It  is  obviously  impracticable  in  the  Federal  Govern- 


//// 

mcnt  of  these  States,  to  secure  all  rights  of  independent 
sovereignty  to  each,  and  yet  provide  for  the  interest  and 
safety  of  all  : Individuals  entering  into  society,  must  give 
up  a share  of  liberty  to  preserve  the  rest.  The  magnitude 
of  the  sacrifice  must  depend  as  well  on  situation  and 
circumstance,  as  on  the  object  to  be  obtained.  It  is  at 
all  times  difficult  to  draw  with  precision,  the  line  be- 
tween those  rights  which  must  be  surrendered,  and  those 
which  may  be  reserved  ; and  on  the  present  occasion, 
this  difficulty  was  increased  by  a difference  among  the 
several  States,  as  to  their  situation,  extent,  habits,  and 
particular  interests. 

In  all  our  deliberations  on  this  subject,  we  kept  stead- 
ily in  our  view,  that  which  appears  to  us  the  greatest 
interest  of  every  true  American,  the  consolidation  of 
our  Union,  in  which  is  involved  our  prosperity,  felicity, 
safety,  perhaps  our  national  existence.  This  important 
consideration,  seriously  and  deeply  impressed  on  our 
minds,  led  each  State  in  the  Convention  to  be  less  rigid 
on  points  of  inferior  magnitude,  than  might  have  been 
otherwise  expected  ; and  thus  the  Constitution,  which 
we  now  present,  is  the  result  of  a spirit  of  amity,  and 
of  that  mutual  deference  and  concession  which  the  pe- 
culiarity of  our  political  situation  rendered  indispen- 
sable. 

That  it  will  meet  the  full  and  entire  approbation  of 
every  State,  is  not  perhaps  to  be  expected  ; but  each  will 
doutbless  consider,  that  had  her  interest  been  alone  con- 
sulted, the  consequences  might  have  been  particularly 
disagreeable  or  injurious  to  others  ; that  it  is  liable  to  as 
few  exceptions  as  could  reasonably  have  been  expect- 
ed, we  hope  and  believe ; that  it  may  promote  the  last- 


86 


ing  welfare  of  that  country  so  dear  to  us  all,  and  secure 
her  freedom  and  happiness,  is  our  most  ardent  wish. 

With  great  respect. 

We  have  the  honor  to  be.  Sir, 

Your  Excellency’s  most  obedient 

and  humble  servants, 

GEORGE  WASHINGTON,  President. 
By  the  unanimous  order  of  the  Convention. 

His  Excellency  the  President  of  Congress. 


Congress  of  the  United  States. 

Begun  and  held  at  the  city  of  New-York,  on  Wednesday, 
the  4th  of  March,  1789. 

The  Convention  of  a number  of  the  States,  having,  at  the 
time  of  their  adopting  the  Constitution,  expressed  a de- 
sire, in  order  to  prevent  misconstruction  or  abuse  of  its 
jpowers,  that  further  declaratory  and  restrictive  clauses 
should  be  added : Arid  as  Extending  the  ground  of  pub- 
lic confidence  in  the  Government,  will  best  ensure  the 
beneficent  ends  of  its  institution, 

RESOLVED,  by  the  Senate  and  House  of  Represen- 
tatives of  the  United  States  of  America,  in  Congress  as- 
sembled, two  thirds  of  both  Houses  concurring.  That  the 
following  articles  be  proposed  to  the  Legislatures  of  the 


87 


several  States,  as  amendments  to  the  Constitution  of  the 
United  States,  all  or  any  of  which  articles,  when  ratified 
by  three  fourths  of  said  Legislatures,  to  be  valid  to  all 
intents  and  purposes,  as  a part  of  the  said  Constitution, 
viz  : 

AMENDMENTS. 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof ; 
or  abridging  the  freedom  of  speech,  or  of  the  press ; or 
the  right  of  the  people  peaceably  to  assemble,  and  to 
petition  the  government  for  a redress  of  grievances. 

II.  A well  regulated  militia  being  necessary  to  the 
security  of  a free  State,  the  right  of  the  people  to  keep 
and  bear  arms,  shall  not  be  infringed. 

III.  No  soldier  shall,  in  time  of  peace,  be  quartered 
in  any  house  without  the  consent  of  the  owner,  nor  in 
time  of  war,  but  in  a manner  to  be  prescribed  by  law. 

IV.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated,  and  no  war- 
rants shall  issue,  but  upon  probable  cause,^supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 

V.  No  person  shall  be  held  to  answer  for  a capital  or  oth- 
erwise infamous  crime,  unless  on  a presentment  or  indict- 
ment by  a grand  jury,  except  in  cases  arising  in  the  land 


88 


. V\\V 

or  naval  forces,  or  in  the  militia  when  in  actual  service 
in  time  of  war  or  public  danger  ; nor  shall  any  person 
be  subject  for  the  same  offence  to  be  tw'ice  put  in  Jeop-, 
ardj  of  life  or  limb  ; nor  shall  be  compelled  in  any  crim- 
inal case  to  be  a witness  against  himself,  nor  be  deprived 
of  life,  liberty  or  property,  without  due  process  of  law; 
nor  shall  private  property  be  taken  for  public  use,  with- 
out just  compensation. 

VI.  In  all  criminal  prosecutions,  the  accused  shall 
enjoy  the  right  to  a speedy  and  public  trial,  by  an  impar- 
tial jury  of  the  State  and  District  wherein  the  crime  shall 
have  been  committed,  which  District  shall  have  been 
previously  ascertained  by  law",  and  to  be  informed  of  the 
nature  and  cause  of  the  accusation  ; to  be  confronted  with 
the  witnesses  against  him  ; to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  have  the  as- 
sistance of  counsel  for  his  defence. 

VII.  In  suits  at  common  law,  where  the  value  in  con- 
troversy shall  exceed  twenty  dollars,  the  right  of  trial  by 
jury  shall  be  preserved,  and  no  fact,  tried  by  a jury,  shall 
be  otherwise  re-examined  in  any  court  of  the  United 
States,  than  according  to  the  rules  of  common  law. 

VIII.  Excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  imposed,  nor  cruel  and  unusual  punishments  in- 
flicted. 

IX.  The  enumeration  in  the  Constitution,  of  certain 
rights,  shall  not  be  construed  to  deny  or  disparage  oth- 
ers retained  by  the  people. 

X.  The  powers  not  delegated  to  the  United  States 


89 


by  the  Constitution,  nor  prohibited  by  it  to  the  States, 
are  reserved  to  the  States  respectively,  or  to  the  peo- 
ple. 

XI.  The  judicial  power  of  the  United  States  shall 
not  be  construed  to  extend  to  any  suit  in  law  or  equity, 
commenced  or  prosecuted  against  one  of  the  United 
States  by  citizens  of  another  State,  or  by  citizens  or 
subjects  of  any  foreign  State. 

XII.  The  electors  shall  meet  in  their  respective 
States,  and  vote  by  ballot  for  President  and  Vice  Presi- 
dent, one  of  whom,  at  least,  shall  not  be  an  inhabitant 
of  the  same  State  with  themselves ; they  shall  name  in 
their  ballots  the  person  voted  for  as  President,  and  in 
distinct  ballots  the  person  voted  for  as  Vice  President ; 
and  they  sliall  make  distinct  lists  of  all  persons  voted  for 
as  President  and  of  all  persons  voted  for  as  Vice  Presi- 
dent, and  of  the  number  of  votes  for  each  ; which  lists 
they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  ot  the  government  of  the  United  States,  directed  to 
the  President  of  the  Senate  ; — the  President  of  the  Se- 
nate shall  in  the  presence  of  the  Senate  and  House  of 
Representatives,  open  all  the  certificates,  and  the  votes 
shall  then  be  counted  : the  person  having  the  greatest 
number  of  votes  for  President,  shall  be  the  President,  if 
such  number  be  a majority  of  the  whole  number  of  elect- 
ors appointed  ; and  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers,  not  ex- 
ceeding three,  on  the  list  of  those  voted  for  as  Presi- 
dent, the  House  of  Representatives  shall  choose  imme- 
diately, by  ballot,  the  President.  But  in  choosing  the 
President,  the  votes  shall  be  taken  by  states,  the  repre- 
sentation from  each  state  having  one  vote ; a quorum 
for  this  purpose  shall  consist  of  a member  or  members 

12  s 


90 


from  two  thirds  of  the  States,  and  a majority  of  all  the 
States  shall  be  necessary  to  a choice.  And  if  the  House 
of  Representatives  shall  hot  choose  a President  when- 
ever the  right  of  choice  shall  devolve  upon  them,  before 
the  fourth  day  of  March,  then  next  following,  then  the 
Vice  President  shall  act  as  President,  as  in  case  of  the 
death  or  other  constitutional  disability  of  the  President. 

The  person  having  the  greatest  number  of  votes  as 
Vice  President,  shall  be  the  Vice  President,  if  such  num- 
ber be  a majority  of  the  whole  number  of  electors  ap- 
pointed ; and  if  no  person  have  a majority,  then  from  the 
two  highest  numbers  on  the  list,  the  Senate  shall  choose 
the  Vice  President ; a quorum  for  that  purpose  shall 
consist  of  two  thirds  of  the  whole  number  of  Senators, 
and  a majority  of  the  whole  number  shall  be  necessary 
to  a choice. 

But  no  person  constitutionally  ineligible  to  the  office 
of  President,  shall  be  eligible  to  that  of  Vice  President 
of  the  United  States. 


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4. 


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